What is an Advanced Care Directive and do I need one?

On 1 July 2014, the new Advance Care Directives came into effect replacing Enduring Powers of Guardianship, Medical Powers of Attorney and Anticipatory Directions.

If you already have a valid Enduring Power of Guardianship and/or Medical Power of Attorney or Anticipatory Direction document signed prior to 1 July 2014, those document(s) will continue to have legal effect. However the aim of the Advance Care Directive is to provide you with more say with respect to your health care and personal wishes and you may wish to consider having an Advance Care Directive prepared.

An Advance Care Directive is a legal form that allows people over the age of 18 years to give directions relating to the following:

• their wishes, preferences and instructions for future health care, end of life, living arrangements and personal matters;
• to specify outcomes or interventions that they wish to be carried out or avoided;
• to appoint one or more Substitute Decision-Maker(s) to make these decisions on their behalf when they are unable to do so themselves.

Essentially it gives you the opportunity to decide what constitutes quality of life for yourself which can be expressed in writing in an Advance Care Directive.

Do I have to appoint a Substitute Decision-Maker? 

There is no requirement to appoint a substitute decision-maker. You may simply choose to give instructions in your advance care directive. If this is the direction you take, others close to you may be asked to make decisions for you if you are unable to (person responsible). They must follow any relevant wishes or instructions you have written in your Advance Care Directive.

Who can I appoint to be my Substitute Decision-Maker?

If you choose to appoint a substitute decision-maker, you may appoint one or more adults; and, if more than one, they are appointed to act jointly and severally.

Multiple decision-makers must each take reasonable steps to ensure they notify the others of any decisions made.

You cannot appoint as your substitute decision-maker:

• a person who is not competent;
• a health practitioner who is responsible for your health care;
• your paid carer.

When would my Advance Care-Directive come into effect?

An Advance Care Directive would come into effect if you are unable to make a decision (you have impaired decision-making capacity), whether temporary or permanent. A person making a decision for you will need to make the decision they think you would have made in the same circumstances.

Should you require any assistance or have any questions in relation to Advance Care Directives, please do not hesitate to contact us at Weatherly & Associates.