An Advance Health Directive (AHD) is a legal document which provides for you to set out your wishes for your future care and medical treatment should you become ill and no longer be able to express those wishes. Some people think of it as Medical Power of Attorney.
Imagine a scenario where you’re facing a serious illness or a life-altering medical condition and cannot convey how you want to be cared for or treated. This is when an Advance Health Directive takes effect, and they are profoundly important documents to have. They can come into effect if you are unable to make reasonable judgments and or decisions about your health treatment and can alleviate a lot of the uncertainty that can occur if you cannot speak, or communicate in some way, for yourself.
The Advance Health Directive document covers your preferred medical treatment and information relevant to healthcare professionals including conditions, allergies and religious or cultural beliefs. An Advance Health Directive not only upholds your wishes, but eases stress for your family members. An AHD is not just a legal document; it’s your medical voice when you cannot speak for yourself due to injury or illness.
How to Make an Advance Health Directive
The experienced team of Wills and Estates Lawyers at Kennedy Spanner cover all aspects of an AHD whether they are general specifications or more advanced specifications.
When should I make an Advance Health Directive?
The best time to do so is now, before any serious health issues arise. Urgency is encouraged for those with worsening medical conditions, anticipating a hospital admission or for chronic conditions with potential complications. Having your AHD brings a sense of security. It means that your wishes will be respected, and you can rest easier, knowing you have autonomy and control over your medical choices.
Why is an Advance Health Directive important?
An AHD ensures that your healthcare preferences are known and respected, even if you cannot communicate them due to illness or incapacity. It provides clarity and guidance for your medical care.
Who can create an Advance Health Directive?
Any adult over the age of 18 who has capacity and understands the nature and effect of the document can create an AHD.
What should be included in an Advance Health Directive?
An AHD typically includes:
- Specific healthcare preferences and treatment decisions;
- Appointment of a substitute decision-maker or healthcare proxy; and
- Information about your values and beliefs regarding medical care.
Is an Advance Health Directive legally binding?
Yes, AHDs are legally recognised.
Can I change or update my Advance Health Directive?
Yes, you can and should update your AHD if your circumstances or preferences change. Regular review ensures that it accurately reflects your current wishes. Our team can help you make these changes as needed.
Who should I share my Advance Health Directive with?
It’s important to share copies of your AHD with:
- Your healthcare providers;
- Your Attorney; and
- Family members and loved ones involved in your care.
What happens in an emergency situation?
In emergency situations where immediate action is required, healthcare professionals will provide necessary treatment until your AHD can be consulted. However, your AHD will guide your ongoing care decisions.
How do I revoke an Advance Health Directive if I change my mind?
You can revoke an AHD at any time as long as you have capacity to do so. Our team can assist you to ensure your AHD revocation is properly documented.
Are Advance Health Directives the same in every Australian state and territory?
No, the laws governing AHDs can vary between states and territories. You should seek legal advice if you have any questions or concerns.