What is an advance directive for health care?
An advance directive is a legal document that explains how you want medical decisions about you to be made if you cannot make the decisions yourself. An advance directive lets your health care team and loved ones know what kind of health care you want, or who you want to make decisions for you when you can’t.
What is guardianship and how does it differ from an advanced care directive?
Enduring guardianship is the legal form of appointment of a substitute decision-maker in areas concerning your general health and lifestyle. An Advance Care Directive can record your wishes and values that need to be considered before medical treatment decisions are made on your behalf.
Are advance care directives legally binding in Australia?
No. Common law Advance Care Directives are not legally binding in every Australian State or Territory: In New South Wales and Tasmania, common law Advance Care Directives are the only Advance Care Directives that exist and are legally binding.
What are some examples of advance directives?
Types of Advance Directives
- The living will.
- Durable power of attorney for health care/Medical power of attorney.
- POLST (Physician Orders for Life-Sustaining Treatment)
- Do not resuscitate (DNR) orders.
- Organ and tissue donation.
Who can witness an advance care directive NSW?
Authorised witnesses include Justices of the Peace, lawyers, doctors, nurses, pharmacists, teachers and public servants (more than five years). A full list is available in the Advance Care Directives Guide. It is your choice whether or not you witness a person’s Advance Care Directive.
What should be included in an advanced care plan?
An advance care plan can include an individual’s beliefs, values and preferences in relation to future care decisions. They are often helpful in providing information for substitute decision-makers and health practitioners and may guide care decisions but are not necessarily legally binding.
What makes an advance directive valid?
To be valid, an advance directive must be signed by you in the presence of two witnesses, who will also sign. The person you name as a health care agent may not also be a witness. Some states also require the advance directive to be notarized.