Advanced Care Directives

An Advance Care Directive (ACD) is a legal document that allows you to make decisions about your future medical treatment and personal care in advance, should you become unable to make such decisions for yourself. This ensures that your wishes are respected, even if you are unable to communicate them due to illness, injury, or other circumstances.

How do advanced care directives work?

Advance Health Care Directives work by covering medical treatments, end-of-life care, organ donation, and other healthcare-related matters. They ensure that the person’s wishes regarding medical treatments and quality of life are respected and followed by healthcare providers and family members, reducing the burden of decision-making capacity during challenging times.

An Advanced Care Directive can be set up at any time, regardless of your age or health status. 

To create an Advanced Care Directive in South Australia, you will need to consider several important factors. These include:

– The types of medical treatments and interventions that you would like to receive.

– Any treatments or interventions that you would like to refuse.

You will also need to consider your personal values and beliefs, as well as any cultural or religious factors that may influence your decisions.

When completing your Advanced Care Directive form, you may wish to consider appointing a substitute decision-maker. This person will make decisions on your behalf if you are unable to do so yourself. It is important to choose someone that you trust and who understands your wishes and values.

Once you have completed your Advanced Care form, it is important to ensure that your healthcare providers and family members are aware of its existence. You may wish to provide a copy of your ACD to your healthcare provider, your substitute decision-maker, and any family members who may be involved in your care.

In South Australia, an Advance Care Directive is a legally binding document that allows you to make decisions about your future medical treatment, personal care and accommodation. It can be used to appoint a substitute decision-maker or to provide guidance to your medical team about your wishes for treatment and care.

In South Australia, an Advance Care Directive is a legally binding document, provided that it is completed correctly and witnessed in accordance with the requirements of the law. It is important to ensure that your ACD is updated regularly to reflect any changes in your wishes or circumstances.

Does an Advanced Care Directive override Power of Attorney?

A Power of Attorney and an Advanced Care Directive are both legal documents that serve different purposes.

What is the difference between an Advanced Care Directive and a Power of Attorney?

A Power of Attorney is a legal document that allows someone else to make financial decisions on behalf of another person in the event that they are unable to make decisions for themselves. In contrast, an Advanced Care Directive is a legal document that outlines a person’s wishes for medical treatment and end-of-life care. It is often used to ensure that an individual’s medical wishes are respected and followed, even if they are unable to communicate their wishes themselves. 

It is important to understand the differences between these two documents and to ensure that they are used appropriately.

Can family override Advanced Care plans?

It is a common question whether family members can override advanced care plans. In most cases, family members cannot override an individual’s advanced care plan. However, there are some situations where a family member may be able to challenge the plan or seek to have it modified.

Disagreements with Advanced Care Directives

If problems arise with your Advanced Care Directive which cannot be resolved, the Office of the Public Advocate can assist your Substitute Decision Maker(s), health professionals or others close to you, to resolve and assist with reaching a decision. 

The South Australian Civil and Administrative Tribunal can resolve such disputes. For example, if the plan is found to be legally invalid or if there is evidence that the individual was coerced or unduly influenced when creating the plan, a family member may be able to challenge it. The family can also seek the intervention of SACAT to interpret the wording of the ACD to give effect to the wishes of the person who has prepared the ACD. 

Ultimately, it is important for individuals to carefully consider their wishes for medical treatment and end-of-life care, and to clearly document these wishes in an advanced care plan. By doing so, they can ensure that their wishes are respected and followed, even in difficult circumstances. If you need any assistance navigating the Advanced Care Directive form, our team of experienced Wills and estate lawyers are here to ensure that your document is legally binding. For more information about Advanced Care planning in Australia, please contact our Adelaide-based team today.