An advance care directive (ACD, also known as a living will) is a legal document drawn up that dictates your wishes in certain circumstances where you can’t make your own decisions, for example if you are unconscious, on life support, or are suffering from dementia. The document can assign responsibility for these choices to a person you trust. These instructions are for your care if you lose the ability to do so yourself, not just for end of life care.

ACDs are good for young people as well as the old, because accidents and sudden illness can happen to all ages. It could include cultural, religious or personal preferences, and can help avoid unwarranted, unnecessary or undesirable treatments being initiated.

Another method of these sorts of directives is an enduring guardianship. Enduring guardianships do not specify treatment preferences, but they nominate a trusted person who can make those decisions for you should you become unable to. They are usually interchangeable between states and territories.

How to make sure your advanced care directive does what it is supposed to – things to know

• Western Australia, Queensland, South Australia and Victoria have legislation regarding advanced care directives that only apply within that state.
• There is no legally defined definition of an advanced care directive in Australia, and interpretation of local law is the deciding factor.
• If you move states, update your documentation.
• Every few years, as medical technology advances, update your documentation (you don’t want an out-of-date document being ignored).
• Medical professionals can ignore your document if they disagree with the directive.
• ACDs can be of limited value, especially in the emergency room where they don’t magically appear on their own.
• These documents can be really vague and nonspecific, and real life just isn’t like that. General wishes are there at best.
• A 2006 La Trobe University study has recommended that an Australia-wide policy be put into place, and that doctors and healthcare professionals make reviewing ACDs part of their regular work. The Australian Medical Association also recommended this.

Your advanced care directive checklist for most states: 

1. The subject of the ACD (you) was of sound decision-making capacity when the ACD was written up.
2. The document details specific treatments that you would accept or refuse.
3. The document is current and relates to the current medical problem you are experiencing.
4. You were not influenced by anyone when the document was created.

To make sure your document is abided by: 

1. Make sure people know it exists! That means your doctor and loved ones.
2. Ongoing communication is being had with healthcare professionals and your loved ones regarding the intention behind the directives.

In Victoria, you may need an Enduring Power of Attorney (Medical Treatment) to appoint your surrogate decision-maker, and Advance Care Plan/Directive to document your wishes for your surrogate and doctors to enact, and a Refusal of Treatment Certificate that relates to your current condition, to legally refuse medical treatment generally or specifically.

Vanessa Ash and Associates can help draft up these documents so that your wishes are legally documented. Don’t leave it to chance.

Call us today for a chat about your estate planning needs.