Why do I need an Advance Care Directive?

An Advance Care Directive applies in circumstances where a person is unable to make and communicate their own healthcare decisions due to incapacitation. Their loss of capacity could be caused by various medical conditions such as severe illness, injury, or cognitive decline resulting from conditions like dementia.

It's important to note that an Advance Care Directive only comes into effect when the person loses their capacity. Whilst the person retains their capacity, they have the right to make their own healthcare decisions.

Is an advance care directive the same as an Enduring Guardianship?

No, an Advance Care Directives and an Enduring Guardianship are not the same, although they are related and are often used together in planning for a person’s future health care.

An Advance Care Directive is a document where you can specify what health care treatments you would like to have, or refuse, should you be in a position where you are incapacitated and unable to make or communicate decisions about your care and treatment to healthcare professionals and family members.

On the other hand, an Enduring Guardianship is a document in which you appoint a person to make health and lifestyle decisions on your behalf only if and when you have lost capacity to do this for yourself. Such decisions include where you live, consenting to medical and dental treatment, and what personal services you receive such as meal deliveries and haircuts .

Why should I make an Advance Care Directive?

There are several reasons why you should consider making an Advance Care Directive:

1. Personal Autonomy: An Advance Care Directive means that you maintain control over your medical treatment if you lose the capacity to make and communicate decisions in the future. It ensures that your values, beliefs, and preferences will be respected and followed.

2. Clarity for Health Professionals: An Advance Care Directive provides clear instructions to your doctors and other health professionals about specific treatments you consent to, refuse, or withdraw from, which can assist them in making decisions about your care.

3. Reducing Stress for Loved Ones: It can be very distressing for your loved ones to make decisions about your care when you are incapacitated. An Advance Care Directive can help ease this stress by providing them with clear instructions on your wishes and treatment preferences.

4. Preventing Disputes: An Advance Care Directive can help to prevent disputes between members of your family about your care, as they must follow your instructions and not override them with their own decisions.

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.

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