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Advance Health Directives (“AHDs”) and Enduring Powers of Guardianship (“EPGs”) enable you to plan for personal, lifestyle and treatment decisions.
Making an AHD enables you to set out what medical, surgical or dental treatment and other health care you would, or would not want to receive if you become unable to make decisions or communicate your wishes. In this event, your AHD will speak for you.
Appointing an Enduring Guardian or making an Enduring Power of Guardianship enables you to choose one or more people to make personal, lifestyle and treatment decisions on your behalf if you become unable to make or communicate them for yourself. You can give your Enduring Guardian the power to make all, or some of these decisions.
To make an AHD or to appoint an Enduring Guardian, you must be at least 18 years of age and able to make your own decisions. You may not make an AHD or appoint an Enduring Guardian for someone else.
An AHD is a legal document in which you set out your decisions about your future treatment.
- You can give or withhold consent for specific medical, surgical or dental treatment or other health care.
- Your AHD will only be used if and when you become unable to make or communicate a treatment
- decision for yourself.
- Any decisions you make in your AHD must be followed by health professionals except in very limited
- circumstances.
- If you do not have an applicable or valid AHD, the legislation sets out who will be asked to make
- treatment decisions on your behalf.
An EPG is a legal document in which you appoint one or more people as Enduring Guardian(s) to make personal, lifestyle and treatment decisions on your behalf.
- Your EPG will only be used if and when you become unable to communicate your wishes or make decisions for yourself.
- You should appoint someone you know and trust. For example, your spouse or partner, other relative or close friend.
- You should ensure your Enduring Guardian is aware of your personal beliefs and preferences about your lifestyle.
- You can choose the decisions your Enduring Guardian will be able to make, such as where you live and what treatment and services you receive.
- If you give your Enduring Guardian the power to make treatment decisions for you and you have also made an AHD, treatment decisions will be made in accordance with your AHD and not by your Enduring Guardian as far as the provisions of the documents overlap.
In making an AHD or EPG you have the option of using a lawyer to ensure that the document is legal and binding. A lawyer can ensure that:
- The AHD or EPG is comprehensive and tailor made to your situation.
- The AHD or EPG is a legal and binding document.
A treatment decision is a decision to consent to or refuse a treatment.
- If you are 18 years of age or older and capable of making and communicating your own decisions, you must make your own treatment decisions.
- If you are unable to make decisions for yourself and non-urgent treatment is needed, treatment decisions will be made according to a ‘hierarchy of decision makers’ nominated by the legislation which is as follows: AHD, Enduring Guardian (with authority), guardians (with authority), spouse or de facto partner, adult son or daughter, parent, sibling, primary unpaid caregiver or another person with a close personal relationship to you.
- If you do not have an appropriate or valid AHD, the health professional will seek a treatment decision from the first person on the hierarchy list who is 18 years of age or older, has full legal capacity and is willing and available to make the decision.
If urgent treatment is required to save your life or prevent unnecessary pain, health professionals can provide this treatment without seeking consent. However they will need to seek consent for ongoing treatment.
If you would like further advice on Advanced Health Directives or Enduring Power of Guardianship, please don’t hesitate to contact us on 9375 3411 to make an appointment.