WHAT IS AN ADVANCED CARE PLAN OR LIVING WILL?
WHAT IS AN ADVANCED CARE PLAN OR LIVING WILL?
WHAT IS AN ADVANCED CARE PLAN OR LIVING WILL?
Everybody has the freedom to choose how they will be treated by a physician. You may occasionally be incapacitated from making those decisions, though, due to an accident or disease. Consider a Living Will as a safeguard for yourself if you lose the ability to make decisions later on if you are in the midst of estate preparation and creating a Last Will & Testament. A living will, often referred to as an advance care directive, health direction, or something similar, might include all of your needs, values, and preferences for your future care as well as information about a replacement decision-maker. This legal document will come into effect before any other estate documents if it is properly designed and executed.
Living wills are described in this article, together with information on where to find the necessary paperwork for each Australian state and territory. It is divided into the following parts:
WHAT DOES A LIVING WILL MEAN?
An advance care directive, sometimes known as a living will, is a formalized version of your advanced care strategy. It describes your preferences for your future care as well as your values, beliefs, and objectives. Even though advance directives vary between states and territories, they describe a person's preferences for future medical care if they are unable to give their consent. They also permit you to formally name a replacement decision-maker to act on your behalf if you are no longer able to do so.
WHAT IS THE PURPOSE OF A LIVING WILL?
A living will, also known as an advance directive, is crucial to your end-of-life care planning. Although it is hard to predict what will happen to your health in the future, you may have definite ideas about how you want to spend the remainder of your life. Therefore, stating your health and medical preferences in writing while you are still in good mental health ensures that they will be followed if you later find yourself unable to make those decisions for yourself. Before starting a medical procedure, health professionals require your permission.
However, disease or injury may mean that you lack the competence to decide on your medical care. Your loved ones may find it challenging to choose the best course of action for you in a crisis. If you are unable to express your wishes, an advance directive will assist everyone knows what you would like. It is a legal document that gives instructions for future medical treatment that you might accept or reject in a legally binding way. A living will enable you to express your values and preferences for end-of-life care and future medical interventions, such as what you consider to be "living well," the types of treatments you would or would not prefer, and any other preferences you may have for spiritual support or cultural practices.
A values directive (for example, "Quality of life is most important to me") and/or an instructional directive, which is a legally enforceable declaration of your consent to or refusal of specific future medical care (for example, "I do not wish to be resuscitated"), can both be made.
HOW IS A LIVING WILL BE CREATED?
An advance directive, often known as a living will contain one or more of the following:
The person you've chosen to serve as your substitute decision-maker; specifics about your priorities, such as your values and desired results; the medical procedures and care that, in the event of a life-threatening sickness or accident, you would prefer or reject.
You must be able to make decisions to create an advance care directive, but you don't need legal representation to do so. States and territories have different formats and regulations for creating advance directives and appointing alternative decision-makers. The links in the section below will allow you to download the paperwork for your state or territory. You should sign and date your advance directive after you've finished writing it. It may also be signed by your physician and your replacement decision-maker. Make sure the person you designated to make decisions about medical treatment has read and comprehended it.
Then, you must distribute copies of your directive to your loved ones, a replacement decision-maker, the hospital, and your physician. Please keep your original advance directive secure and handy in case it becomes necessary. Additionally, you can upload your advance directive to My Health Record. Every two years, or whenever there is a change in your personal or medical status, you should evaluate your advance directive. A person with the ability to make decisions must sign an advance directive for it to be considered valid, as well as an eligible witness (or two in some instances). In other parts of Australia, the instructions are typically applicable, but there might be some restrictions or extra requirements. It is a good idea to update your papers if you are permanently relocating to a different state or territory.
DOWNLOADABLE FORMS FOR THE ADVANCE CARE DIRECTIVE SOUTH AUSTRALIA LIVING WILLS
In South Australia, an advance care directive can be used to nominate a substitute decision-maker. The form must be signed by an impartial authorized witness, such as a Justice of the Peace, attorney, doctor, nurse, pharmacist, teacher, or public worker, to be considered valid (for more than five years). NSW LIVING WILLS The living will is known as an advance care directive in New South Wales. There isn't a specific form to utilize for an advance care directive in NSW, unlike in other jurisdictions. Advance Care Directives can be written down on a piece of paper without being observed and still be valid in court. But the best method to guarantee that your preferences are documented is to sign an advance care directive.
AUSTRALIAN CAPITAL TERRITORY LIVING WILLS (ACT)
The living will is referred to as a health direction in the ACT. Two witnesses must sign it in front of the direction-giver, the other witness, and themselves. The Health Direction form (ACT) is available for download here.
TASMANIA LIVING WILLS
A living will is sometimes referred to as an Advance Care Directive for Care at the End of Life in Tasmania. A witness must sign it who is at least 18 years old, unrelated to the person giving the direction, and not a named beneficiary in their will. Victoria's Living Wills In Victoria, you can formally name a person to make medical decisions on your behalf through an Appointment of a Medical Decision Maker. You can give someone you trust the authority to make decisions using this document. Should you become unable to make decisions about your medical care, your medical treatment decision maker will have the legal right to act on your behalf. Two independent people, including one who is an authorized witness, such as a Justice of the Peace, lawyer, doctor, nurse, pharmacist, or teacher, must sign an Appointment of Medical Decision Maker paperwork.
WILLS - LIVING - QUEENSLAND
A living will is known as an advance health directive in Queensland. Section 5 must be completed by a doctor, and Section 9 by a witness. Your witness must be a justice of the peace, a commissioner for declarations, a lawyer, or a notary public and must be at least 21 years old. They cannot be your lawyer, a relative, a beneficiary under your will, your present caregiver on a paid basis, or your current healthcare provider (e.g. nurse or doctor). The Advance Health Directive (QLD) form is available for download here.
WESTERN AUSTRALIA LIVING WILLS
A living will is known as an advance health directive in Western Australia. Future medical and surgical procedures, any methods of maintaining life, and palliative care are all impacted. The living will require the signature of an authorized individual, such as a judge, attorney, nurse, doctor, or teacher, to be considered legally legitimate. It must also include a declaration stating that you have already sought legal or medical counsel.
PERSONAL FINAL VIEWS ON LIVING WILLS
A living will is a crucial legal instrument that should be in place, along with other estate planning agreements, if you want to let people know your end-of-life preferences, particularly those regarding medical decisions if you are later rendered incapable of doing so. It's crucial to make sure these documents are current and are kept in a secure location. Give one copy to your designated decision-maker, a dependable family member, or a lawyer, and keep one copy in a secure location. and resume living!