Advance Care Plan & Advance Care Directives

What is advance care planning?

Advance care planning is a crucial process that involves preparing for your future healthcare needs. By engaging in advance care planning, you can clearly outline your values, beliefs, and preferences for your future medical care. This proactive approach not only ensures that your wishes are respected but also guides your loved ones and healthcare providers in making decisions on your behalf in the event that you are unable to do so. By taking the time to engage in advance care planning, you can have peace of mind knowing that your healthcare decisions will align with your values and beliefs.

What is an advance care directive?

Advance care planning is the process of formally documenting your values and preferences regarding your future healthcare. This documentation is known as an ‘advance care directive’, although it may have different names depending on the state or territory in which you reside. In most cases, this directive holds legal weight if it was signed when you were deemed to have legal capacity. It is important to note that your doctor and loved ones are not able to override the directions outlined in your advance care directive.

While it is not necessary to involve a lawyer in the creation of your advance care directive, having witnesses sign the document can help validate its authenticity. Additionally, it is advisable for both your substitute decision-maker and doctor to sign the form to ensure clarity and understanding.

Even if you do not currently have legal capacity, you can still express your wishes and preferences in an advance care directive. Although this version may not be legally binding, it serves as a valuable tool to ensure that your substitute decision-maker and healthcare team are aware of your desires and preferences.

What is a substitute decision-maker?

Advance care planning involves appointing a substitute decision-maker, who will have the legal authority to make healthcare decisions on your behalf if you are unable to do so. The title of substitute decision-makers may vary depending on the state or territory in which you reside.

When selecting a substitute decision-maker, it is important to choose someone:

  • who is over 18 years old
  • trustworthy
  • respectful of your values and preferences for future healthcare
  • capable of making decisions in challenging situations.

You may also choose to appoint a second substitute decision-maker to step in if the primary decision-maker is unable to fulfill their role. 

Why is crucial to have an advance care directive in place?

Creating an advance care directive is a crucial component of advance care planning. The future is uncertain, especially when it comes to our health, and it is essential to have a clear plan in place. You may have strong preferences about the type of care you wish to receive in the event of a health crisis.

During a medical emergency, your loved ones may struggle to make decisions on your behalf. Having an advance care directive in place can provide clarity and guidance for both your family and healthcare providers. This document ensures that your wishes are known and respected, even if you are unable to communicate them yourself. Take the time to create an advance care directive to ensure that your preferences are honored in any situation. 

How to create an advance care directive

To create a valid advance care directive, individuals must be over the age of 18 and possess decision-making capacity. Decision-making capacity refers to an individual’s ability to make daily decisions regarding:

  • legal
  • medical/health care
  • financial
  • personal matters.

Health professionals and family members are required to adhere to a valid directive and cannot override it. It is essential for your doctor to provide you with information and advice regarding your current health situation, as well as discuss potential future scenarios. It is highly recommended to have a conversation with your doctor about your advance care directive.

Contrary to popular belief, you do not need a lawyer to complete a valid directive. An advance care directive can include details such as

  • the person you would like to be your substitute decision-maker
  • your values, life goals, preferred outcomes
  • the treatments and care you would like or refuse in the event of a life-threatening illness or injury.

There are forms available to assist you in drafting your directive. Once completed, it is important to sign and date it, and have your substitute decision-maker and doctor also sign it. Copies of your directive should be distributed to your family, substitute decision-maker, hospital and doctor, ambulance service, and any other individuals you deem appropriate.

After completing your advance care directive, it is important to sign and date the document. Additionally, it is recommended that your substitute decision-maker and doctor also sign the directive.

Following the completion and signing of your advance care directive, it is crucial to distribute copies to the following individuals and entities:

  • Your family members
  • Your designated substitute decision-maker
  • Your healthcare provider and hospital
  • The ambulance service
  • Any other individuals whom you believe should have a copy

By ensuring that all relevant parties have access to your advance care directive, you can help guarantee that your wishes are respected in the event of a medical emergency. 

Submitting your advance care directive to My Health Record

You have the option to include your advance care directive in your My Health Record, ensuring that it is easily accessible to your treating physicians when necessary. Additionally, you can keep track of the individuals with whom you have shared your directive.

Amending your advance care directive

You can modify your advance care directive at any point in time. It is important to ensure that anyone who was provided with the original directive receives the updated version. The most recent iteration of your directive will be the one that is adhered to.

 

It is recommended that you review your advance care directive under the following circumstances:

  • When your preferences have changed
  • If there has been a change in your substitute decision-maker
  • When there has been a change in your medical condition

For further guidance on altering your directive, please refer to Advance Care Planning Australia