When planning for your estate, most people prepare a Will, an Enduring Power of Attorney and an Enduring Guardianship Appointment. But where does an Advanced Care Directive fit in?
Enduring Guardianship Appointment
An Enduring Guardianship Appointment (GA) is a legal document that allows you to appoint a trusted person, such as a family member or close friend, to make health and lifestyle decisions on your behalf if you lose the capacity to make those decisions yourself.
A solicitor usually prepares the document and must explain its effect to both you and your appointed guardian.
Your guardian can make decisions about:
- Healthcare and medical treatment
- Living arrangements, including aged care accommodation
- Other lifestyle matters affecting your wellbeing
While a spouse may generally make medical and lifestyle decisions for you, that authority does not automatically extend to adult children or other loved ones. A GA ensures the right person can act for you when needed.
Advanced Care Directive
An Advanced Care Directive (ACD) is a document you prepare, usually with guidance from your doctor, to record your healthcare wishes if you become seriously ill, injured or unable to communicate your decisions.
An ACD can outline:
- Your values, goals and preferences for healthcare
- Your wishes regarding treatments such as resuscitation, blood transfusions, palliative care and organ donation
- The outcomes and quality of life you consider important
In New South Wales, there is no prescribed form for an ACD, although NSW Health provides guidance and a suggested template. See https://www.health.nsw.gov.au/patients/acp/Publications/acd-form-info-book.pdf
Importantly, the NSW Supreme Court has confirmed that a valid ACD must be followed. Neither your appointed guardian nor healthcare professionals can override your clearly expressed healthcare directions.
You can also upload your completed ACD to My Health Record, allowing treating health professionals to access your wishes when needed.
What’s the Difference?
The key difference is simple:
- A Guardianship Appointment authorises someone else to make health and lifestyle decisions for you when you cannot.
- An Advanced Care Directive records the healthcare decisions and treatment preferences you want followed.
Used together, these documents help ensure your wishes are respected and your trusted decision-maker has clear guidance when important decisions arise.
For more information see:
This article is intended for general information only and should not be relied upon as legal advice.