Planning for the future: why Advance Care Directives matter
Have you thought about what kind of care you’d want if you couldn’t speak for yourself? National Advance Care Planning Week (17–23 March) is the perfect time to ensure your wishes are known and respected.
What is Advance Care Planning?
Advance care planning involves making decisions about your future health care – enabling you to specify the treatments you would or would not like to receive if you were to become seriously ill and unable to communicate your preferences.
Advance care planning ensures your loved ones and health providers understand what matters most to you and respect your treatment choices.
What is an Advance Care Directive?
If you are aged 18 years or older and have decision making capacity, an Advance Care Directive (ACD) is a legally binding document that allows you to make decisions about your future health care, end of life care, living arrangements, and other personal matters. This ensures your care aligns with your values, beliefs and goals if you become unable to make decisions yourself.
An ACD can also appoint one or more adults as ‘Substitute Decision-Makers’ to act on your behalf should the need arise.
In South Australia, the legally recognised way to plan ahead is an Advance Care Directive. Similar mechanisms exist in all Australian States and Territories. This document covers decisions related to health, medical treatment, living arrangements, and personal affairs but does not include financial or legal matters, which require an Enduring Power of Attorney.
What can you include in an Advance Care Directive?
With an ACD you can:
- Appoint “Substitute Decision-Makers”. These are the trusted people who will make decisions on your behalf if you ever lose capacity to decide yourself. You can appoint one or more Substitute Decision-Makers, and in various ways. For example, you could appoint your spouse first and then children who might act either together, separately, or in sequence.
- Express your values and wishes. Your directive can outline:
- Where you wish to live,
- The things you like to do, such as gardening or singing,
- Cultural or religious considerations,
- The types of health care you would or would not like,
- Preferences regarding palliative care, pain relief, and where you would like to pass away,
- Organ donation preferences.
- Specify refusals of care. If you have a condition that significantly reduces your quality of life with little chance of recovery, you can state which treatments you do not wish to receive.
Taking the next step
Creating an Advance Care Directive may seem daunting, but it provides a valuable opportunity to discuss your future care preferences with your loved ones.
If you don’t have an ACD (or its equivalent in your State or Territory), now is the time to consider drafting one as part of your estate planning process. Along with a Will, it is one of the most important documents to have in place.
Alternatively, if you need to update your existing Advance Care Directive, we can assist you. Our experienced and compassionate Wills & Estate lawyers in SA, WA, NT, and QLD are here to help.