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what is an advance health directive?
An Advance Health Directive is a document which enforces your legal right to make decisions about your health care when you can’t speak for yourself.
do you still need an advance health directive if you have an enduring power of attorney?
While you can appoint an Attorney to make decisions on your behalf for health matters, their power is limited. An Attorney cannot make a decision to continue or withhold life sustaining treatment, such as mechanical ventilation and involuntary feeding. The only way you can ensure that your wishes are followed is to execute an Advance Health Directive.
when will an advance health directive take effect?
You can make a direction that an Advance Heath Directive only takes effect during certain stages of illness, such as upon temporary or permanent incapacitation.
what does an advance health directive cover?
Essentially the decision of what your Advance Health Directive will cover is up to you. This is the only way a person can bind Doctors and Hospitals to act in accordance with their wishes in the event that they are unconscious or otherwise unable to communicate.
An Advance Health Directive can include directions in relation to;
- Blood transfusions
- Mechanical Ventilation (i.e life support)
- Artificial feeding
- Cardiopulmonary resuscitation
- Antibiotics
revoking or changing your advance health directive
You can revoke or change your Advance Health Directive at any time by putting your wishes in writing.
In fact, it is essential to review your Advance Health Directive often and we suggest an annual review. As our circumstances change so do our views on medical treatment and you should ensure that your Advance Health Directive still meets your needs.
how does the advance health directive work in practice?
Of course one of the difficulties with this system is there is no centralised register of Directives. This is why it is important to;
- Provide a copy to your Doctor;
- Tell your family that you have made one; and
- Carry one of our cards in your wallet and/or car.
Once the Hospital or treating Doctor is made aware of the existence of the Advance Health Directive then they must follow your directions.
creating your own advance health directive
The requirements for executing an Advance Health Directive are stringent and the document must be witnessed by a Lawyer or Justice of the Peace.
If you would like to ask us to prepare your Enduring Power of Attorney then we suggest that you call us at our office to arrange an appointment with one of our lawyers. If you are unable to attend our office we can arrange to visit your premises.
