What is an Advance Care Directive?
If you were to become seriously ill and not have capacity to make medical decisions for yourself, how would your Medical Treatment Decision Maker know what your preferences were?
This uncertainty can be overcome by completing an Advance Care Directive.
Who can make an Advance Care Directive?
Anyone who has decision-making capacity can make an Advance Care Directive. This includes children under the age of 18 years and people with a disability who have decision-making capacity.
How do you complete an Advance Care Directive?
It is recommended you make an appointment with a medical practitioner. At this appointment, you can discuss with them what is important to you in regard to managing your:
pain and suffering
longevity
dignity
independence.
When you and your medical practitioner have discussed the above issues, the Advance Care Directive can be completed.
It is important that the Advance Care Directive is witnessed by two witnesses. One of the witnesses must be a medical practitioner.
What is the purpose of the Advance Care Directive?
The purpose of the Advance Care Directive is to provide written instructions to your appointed Medical Treatment Decision Maker, family member or VCAT appointed guardian. They can then follow these instructions if you lose capacity and are unable to make medical decisions for yourself.
It is advisable to complete an Advance Care Directive when appointing a Medical Treatment Decision Maker. However, it is not mandatory to do so.
Produced by: Mark Murnane, Wills and Estate Lawyer
DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.
