What are the Key Features of an Advanced Care Directive?

An Advanced Care Directive (ACD) is a legal document that allows individuals to outline their preferences for medical treatment and care in the event that they become unable to communicate or make decisions for themselves. This directive is crucial for ensuring that a person's healthcare wishes are respected and followed, even when they are incapacitated. It is important to remember that an ACD is not a substitute for appointing an Enduring Guardian or Power of Attorney.

Key features of an Advanced Care Directive include:

1. Personalised Healthcare Instructions: An ACD provides specific instructions regarding the types of medical treatment and interventions an individual wishes to receive or avoid. This can include preferences about life-sustaining treatments, pain management, and other healthcare decisions.
2. Appointment of a Substitute Decision-Maker: In addition to outlining treatment preferences, an ACD can appoint a trusted person to make healthcare decisions on behalf of the individual. This person, often referred to as a healthcare proxy or agent, is empowered to ensure that the individual's wishes are honoured.
3. Legal Recognition: In New South Wales, Australia, ACDs are legally recognised documents and have been upheld by Courts. They must be created while the individual has the mental capacity to understand the implications of their decisions. Once completed, they provide clear guidance to healthcare providers and family members.
4. Flexibility and Revocability: An ACD can be updated or revoked at any time, provided the individual still has the mental capacity to do so. This flexibility allows individuals to adjust their directives as their health circumstances or personal preferences change.
5. Communication and Clarity: We recommend individuals discuss their ACD with family members, healthcare providers, and any appointed decision-maker or Enduring Guardian to ensure everyone understands their wishes. This communication helps prevent confusion and conflict during critical medical situations.

Importance of an Advanced Care Directive

Having an ACD in place can alleviate the emotional burden on family members who might otherwise have to make difficult healthcare decisions without guidance. It ensures that medical care aligns with the individual's values and desires, providing peace of mind for both the individual and their loved ones.

In summary, an Advanced Care Directive is a vital tool for anyone wishing to maintain control over their healthcare decisions, even when they are unable to communicate. It is a proactive step in planning for future healthcare needs and ensuring that one's medical treatment preferences are respected.

Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.

Photo by Tima Miroshnichenko: