Advance Care Directive – Frequently Asked Questions

An advance care directive (also known as ACD) is an important part of your end-of-life care and is sometimes referred to as a living Will. ACD is a document that states your preferences and directions for medical care in case you become incapable of making or communicating your wishes because of severe injury, illness or disease.

What is included in an ACD?

An ACD is a legal document and can include a person’s:

• future wishes and instructions for health care
• outcomes or interventions a person wishes to avoid
• specific refusals of health care (including medical treatment/life sustaining treatment) (binding provisions)
• values and what is important to them when others are making decisions on their behalf
• preferred living arrangements
• personal wishes.

It can also be used to appoint one or more Substitute Decision-Makers to make decisions on the person’s behalf when they are unable to do so.

Who can witness an ACD?

A suitable witness is someone who is:

• ‘competent’, that is, someone who understands the nature and legal effects of the proposed ACD; and
• comes under the list of suitable witnesses in schedule 1 of the Advance Care Directives Regulations 2014.

A person cannot witness an ACD if he or she:

• is appointed under the ACD as a substitute decision-maker;
• has a direct or indirect interest in the estate of the person giving the ACD;
o note that it is the responsibility of the witness to make sure they are not in this position – if in doubt, a witness should not sign
• is a health practitioner who is responsible (whether solely or with others) for the health care of the person giving the ACD;
• occupies a position of authority in a hospital, hospice, nursing home or other facility at which the person giving the advance care directive resides.

Can an ADR be used to make financial and legal decisions?

No. An ACD is not a Will. It also cannot be used to make financial or legal decisions. It is recommended you think about appointing an Enduring Power of Attorney to make decisions about your future finances and legal matters.

If you would like to prepare an advanced care directive, Straits Lawyers are now offering an online package for Advance Care Directives and Wills. Simply purchase our package via this link: https://straits-lawyers.square.site/product/will-and-advance-care-directive-package-/13

Alternatively, you can email us at info@straitslawyers.com or call at 08 8410 9069 to find out more.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.