Advance directives & appointment of enduring guardian in NSW

What is an advance care directive?
An advance care directive is a formal way of giving instructions for your future health care. Whilst some people will die a sudden death, others will die as a result of a terminal or chronic illness. An advance care directive allows you to record your wishes for future treatment in case you lose the capacity to make these decisions.  It comes into effect if and when you are unable to make your own decisions. The VESNSW provides all new members with a form that can be used to write your own.

Appointing someone to make decisions on your behalf.
It is also important that you appoint someone you trust to act as your enduring guardian. An enduring guardian is one or more people you appoint to have the legal power to make decisions on your behalf. VESNSW provides all new members with a form that can be used to appoint an enduring guardian.

Your doctor
If your doctor is uncomfortable about your advance care directive, point out that it is meant for a situation when you cannot speak for yourself and the use of such documents is recommended by the NSW Department of Health. You can direct your doctor to the following link on the NSW Health website: http://www.health.nsw.gov.au/pubs/2004/adcaredirectives.html

If your doctor refuses to accept your instructions or pats you on the shoulder and tells you not to worry, you had better look for another doctor.

What do I do with my completed advance care directive?
You should give the signed original to your enduring guardian. You should keep a copy accessible at home, give a copy to your doctor, to a family member or friend and, if you wish, to your solicitor.

If you are admitted to hospital you may wish to print (in red if possible) at the top of your copy of your advance care directive:
PLACE IN FRONT OF MY HOSPITAL CHART.

Ask the staff to ensure that your advance care directive is noted on your admission form and is put into your medical records.

Your family
Make your wishes known to your family and closest friends. If you do not discuss your end-of-life decisions with them and leave them ‘to do the right thing’, they could well ask for ‘everything possible’ to be done. They may have no previous experience of the possible disastrous results of such a direction. Ask your family and friends to love you enough to respect your wishes and ‘let you go’ when the time comes.

Remember — every competent adult has the legal right to accept or refuse any recommended health care.
Make sure you initial any additions or deletions when you sign the form; and make sure your witnesses add their initials to yours.

The combination of both an enduring guardian and an advance care directive gives legal weight to your wishes. Advance care directives (for refusals of treatment) made by patients are enforceable under common law in all jurisdictions. Advance care directives and appointment of enduring guardian can be revoked at any time in writing.

Two copies of the advance care directive forms are sent to every new member of VESNSW. This is not a statutory document but it is a persuasive indication of your wishes. Photocopies are satisfactory for additional copies.

We suggest you give a copy of both documents to your:

1. Medical practitioner with their file of your records
2. Spouse or next of kin
3. Adult children
4. Solicitor
5. Hospital when admitted for serious treatment and keep a copy in your handbag or wallet

SIGN YOUR DOCUMENTS NOW!

 Other Useful Links
Aged Services Learning & Research Centre (ASLaRC)
http://asarc.scu.edu.au
NSW Health's Using Advance Care Directives (NSW)
http://www.health.nsw.gov.au/pubs/2004/adcare_directives.html
The Respecting Patient Choices website
http://www.respectingpatientchoices.org.au
Office of the Public Guardian website
http://www.lawlink.nsw.gov.au/opg
NSW Health 's Policy Directive Patient Information and Consent to Medical Treatment http://www.health.nsw.gov.au/policies/PD/2005/PD2005_406.html
Aged Services Learning & Research Centre (ASLaRC)
http://asarc.scu.edu.au

 

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