Making Your Wishes Known

An Advance Health Care Directive is a legal instrument that assures your healthcare preferences are respected and protected if you’re unable to communicate them due to illness or incapacity. By completing this Health Care Directive, you take charge of your future medical care and absolve your loved ones of the burden of making tough choices on your behalf. 

Importance of Advance Health Care Directive

• It provides clear communication by laying out your medical wishes and reducing confusion during critical moments. 

• Moreover it gives clear guidance to your family and healthcare providers that decrease their emotional stress when making difficult decisions about your care. 

• A medical directive empowers you to maintain control over your healthcare decisions, even if you are unable to communicate. 

• It ensures your choices are legally binding, protecting you from unwanted treatments. 

Step-by-Step Guide to Creating an Advance Health Care Directive 

#1 Firstly, Acknowledge Your Preferences and Rights 

It is important to consider your healthcare preferences before drafting an advance health care directive.  

• The types of treatments you would or would not want. 

• Your values around life-sustaining treatment. 

• Specific instructions about resuscitation, ventilation, or organ donation. 

#2 Secondly, Consult Healthcare Professionals 

What you can do is talk to your doctor or healthcare provider to understand your options and the implications of your decisions. Their advice guarantees that your choices or options are in line with accepted medical practices and therapies. 

#3 Thirdly, Appoint a Substitute Decision-Maker 

In Australia, you can appoint a Substitute Decision-Maker (SDM) who will make decisions on your behalf when you’re unable to. Choose someone you trust to respect your wishes and who is willing to take on this responsibility. That could be your family members, family friends and best friends. 

#4 Then, Complete the Advance Health Care Directive Form 

Although the forms for Advance Care Directives vary across the states and territories in Australia but they typically cover. 

• Your Personal Details (Name, Age, Address etc.) 

• Instructions given by you for your future healthcare, including treatment preferences. 

• Appointment of the Substitute Decision Maker.  

Make sure that the form complies with your local legal requirements.  

Note: You can obtain the appropriate form from your healthcare provider or from state health websites.  

#5 The Fifth Step is that the Document Must be Witnessed 

The directive needs to be signed by authorised parties and witnessed by them in order to be enforceable. However, there are differences in the requirements for witnesses, therefore make sure you comply with local laws of each state and territories. 

#6 Lastly, Distribute Copies to Relevant Parties 

After completing the Health Care Directive Form, share the signed document with your healthcare provider, substitute decision maker, family members and anyone involved in your care or anyone whom you trust.  Always keep a copy that is easily accessible for emergencies. 

The Legal Implications in Australia 

• Australian states and territories have different laws in governing Advance Health Care Directives. To ensure your directive is legally valid, it’s important to familiarise yourself with the specific requirements of your states or territories. 

• To ensure your Advance Health Care Directive reflects your current wishes, it is crucial to review and update it regularly, particularly if your health status or preferences change. Once updated, distribute copies of the revised directive to all relevant individuals, including your family, healthcare providers, and legal representatives. 

• A properly executed Advance Health Care Directive is legally binding, requiring healthcare providers to adhere to your specified wishes. However, unclear or invalid directives can lead to legal disputes. Ensure your directive is clear, complete, and complies with local laws. 

In conclusion, a well-crafted Advance Health Care Directive is crucial for safeguarding your healthcare preferences and providing clarity for you and your loved ones. By carefully following legal guidelines and consulting with professionals, you can ensure that your wishes are respected, even in challenging circumstances.