Advance Care Directives

At some point in your life, there may come a time when you are unable to make a decision. Amongst some reasons are because:

• of a sudden accident or serious mental health episode
• of dementia or similar condition
• of a sudden serious stroke
• you are unconscious or in a coma.

An Advance Care Directive (ACD) makes it easy for others to know what your wishes are when you are unable to make these decisions yourself. It can also give you peace of mind to know that your wishes are known and will be respected if others need to make decisions for you.

What is an ACD?
An ACD is sometimes called a living Will. The directive is a formalised version of your advance care plan.

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

• write down their wishes, preferences and instructions for future health care, living arrangements, personal matters and end of life; and/or
• appoint one or more substitute decision-makers to make these decisions on their behalf when they are unable to do so themselves.

Note: Advance care directives differ between states and territories. Some state and territory governments have specific forms that you can use.

Why is an ACD important?
Making an ACD is an important part of Advance Care Planning. None of us know what will happen in the future or can predict what might happen with our health. Medical advances mean that there are treatments which can keep you alive when you are seriously ill or injured, and which may prolong your life. Some people have firm ideas about how they want to live the rest of their life, including conditions or treatments that they might find unacceptable. In a crisis your family may find it difficult to decide what treatment is best for you. An ACD will help your family and doctors to know what you would want when you are not able to tell them yourself. It is best to write your ACD so that your wishes are clearly recorded.

Changing your ACD
You can change your advance care directive at any time. The most recent version of your directive will be the one followed.
You should review your advance care directive:
• when your preferences change
• if your substitute decision-maker changes
• when your medical condition changes

It is important to understand that an ACD is not a Will. It cannot be used to make financial or legal decisions. We recommend that 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.

Get in touch

Our multi-skilled, multi-lingual team are committed to helping you. Get in touch to experience a solutions-based approach to law.