Advance Care Directives in NSW

Have you ever considered who would make decisions about your health care if an accident or illness left you unable to communicate? It’s a difficult thought, but planning for that possibility is one of the most important steps you can take to ensure your wishes are respected.

In NSW, the primary tool for this is an Advance Care Directive. It allows you to make your voice heard about your future medical treatment, providing clarity and peace of mind for both you and your loved ones.

What is an Advance Care Directive?

An Advance Care Directive (ACD), (sometimes informally referred to as a “living will”), is a legal document that allows you to record your decisions and preferences for future health care. It is used to guide your family and doctors if you lose the capacity to make or communicate those decisions for yourself.

Making an ACD is not just for the elderly or those with a known illness. It is a vital planning tool for any adult who wants to ensure their values and choices are understood and followed in any future medical situation.

What can you include in your Directive?

An Advance Care Directive is a personal document, and you can tailor it to your specific values and wishes. It can include:

• Your values: You can describe what makes life meaningful to you, your spiritual or personal beliefs, and your goals for quality of life. This helps your decision-maker and doctors understand the reasoning behind your choices.

• Legally binding directions: You can give specific instructions to consent to, or refuse, particular types of medical treatment. This may include instructions regarding life-sustaining measures such as CPR, ventilation, or artificial hydration and nutrition.

• Appointment of a decision maker: You can formally identify the person you have appointed as your Enduring Guardian to make decisions on your behalf.

The legal power of an Advance Care Directive

In NSW, a valid Advance Care Directive is legally binding. For it to be binding, it must:

• Be made voluntarily by an adult with the capacity to understand the decisions they are making.

• Clearly state the person’s decision about the specific treatment.

• Apply to the situation at hand.

When a valid directive exists, health professionals have a legal and professional obligation to follow the instructions it contains, even if it means refusing life-sustaining treatment.

Working together: the ACD and Enduring Guardianship

An Advance Care Directive is most powerful when it works alongside an Appointment of Enduring Guardian. Think of it this way:

• Your Enduring Guardian is the trusted person you legally appoint to make health and lifestyle decisions for you.

• Your Advance Care Directive is the instruction manual you give to that person, telling them how to make those decisions in line with your values and wishes.

Creating both documents as part of a cohesive plan ensures there is no confusion about who should speak for you and what they should say.

How we can help

Thinking about these issues can be challenging, but formalising your wishes is one of the most thoughtful things you can do for yourself and your family. Our experienced lawyers can help you create a comprehensive plan that protects your future autonomy.

We can assist you by:

• Discussing your wishes and values in a sensitive and confidential manner.

• Drafting a clear and legally binding Advance Care Directive.

• Preparing an Appointment of Enduring Guardian to work alongside your directive.

• Ensuring your documents are correctly executed and stored, and that your loved ones understand their role.

Take control of your future health care decisions today. Contact our team to discuss how we can help you put a clear plan in place.

Disclaimer: The content of this article is intended to provide general information only and does not constitute legal advice. You should seek tailored legal advice for your specific circumstances before taking any action.