ADVANCE CARE DIRECTIVE

An Advance Care Directive (sometimes called a ‘Living Will’) is a clear statement of your medical and treatment preferences in the event that you experience a health crisis and are unable to make or communicate decisions for yourself. It is directed to your Enduring Guardian or next of kin (called your ‘Person Responsible’) and assists them to make healthcare decisions on your behalf that reflect your values, morals, and religious beliefs.

WHAT IS THE DIFFERENCE BETWEEN AN APPOINTMENT OF ENDURING GUARDIAN AND AN ADVANCE CARE DIRECTIVE?

An Advance Care Directive is similar to an Appointment of Enduring Guardian in that it is a legally binding document that stipulates how you would like medical decisions to be made on your behalf in the event that you lose capacity. However, the emphasis of an Advance Care Directive is on the medical care options that you would or would not like to receive, rather than on the person that you have appointed to make these decisions on your behalf (as with the Appointment of Enduring Guardian). It is an opportunity to write about your medical preferences in more detail, and place binding limitations and instructions on your Enduring Guardian.

WHAT IS INCLUDED IN AN ADVANCE CARE DIRECTIVE?

An Advance Care Directive can be used to state which medical care options you find acceptable and unacceptable. For example, you may wish to use your Advance Care Directive to express that you would not like to be resuscitated in the event that your heart stops, or that, if possible, you would prefer to be cared for at home rather than in a hospital. You may also use your Advance Care Directive to specify who you would like to be consulted in decision-making if you are incapacitated. Due to the legally binding nature of an Advance Care Directive, your instructions cannot be overridden by your Enduring Guardian, family, or medical professionals. 

WHEN SHOULD I MAKE AN ADVANCE CARE DIRECTIVE?

An Advance Care Directive can be made by any adult whilst they have capacity. Therefore, we encourage our clients not to wait for a medical emergency before considering their medical preferences and to promptly action an advance care plan.

HOW CAN I MAKE AN ADVANCE CARE DIRECTIVE?

The Estate Planning Centre would be delighted to assist you to make an Advance Care Directive. Conversations about your values and wishes are an important part of our estate planning process, and can guide you towards an Advance Care Directive that is personally suited to your needs and preferences. In New South Wales, there is no prescribed form for an Advance Care Directive. The Estate Planning Centre can help you to create an Advance Care Directive that will be effective in case of emergency, and can be easily understood by both medical professionals and your loved ones. 

If you do not have an Advance Care Directive, or would like to inquire further about this document, The Estate Planning Centre would be delighted to discuss the topic further with you. We welcome you to book a free initial consultation using the link below, or contact us via email (office@theestateplanningcentre.com.au).