What is advance care planning?
Advance care planning is about documenting a person’s wishes while they are still able to say what they want. Talking about important issues can help family and friends make decisions later when the person is no longer able to do so. It is important to inform health professionals about any plans, or perhaps discuss any choices with them when putting the plan together.
The process includes appointing a Medical Power of Attorney or substitute decision maker, and making a statement of choices.
What is an advance directive?
An advance directive is a document that provides guidance for medical and healthcare decisions. It is very similar to an advance care plan. Advance directives and advance care plans are not legally binding in every State or territory. Advance directives can tell the doctors about certain kinds of treatment that aren’t wanted, or about certain treatments that are wanted, no matter how ill the person is. This can include for example, antibiotics, fluids or life support. Most importantly, involving close family and friends in the discussion means they will know why decisions have been made.
With an advance care plan or advance directive in place, a person’s wishes are more likely to be understood and taken into account when decisions are made. It is important that any written advance directive or advance care plan is stored safely. A copy should be given to family members and / or health professionals.
Different cultural groups may have different thoughts about how end-of-life decisions should be made. Health professionals may not always understand how people from different cultures like to handle these issues. It would be helpful if someone could explain to them if this is an issue.
Other relevant arrangements
It is important to seek professional advice when looking to put something in place. The Public Trustee, a community legal centre, a solicitor or law society can provide advice and assistance with many of the above.
Arrangements will vary between states and territories. Each state and territory has different laws covering advance directives. If they do not have such laws, they may have such things as Enduring Powers of Attorney, or Powers of Guardianship. You can find out about relevant state or territory information via links below:
Living will
A living will includes the same information found in an advance directive, such as medical and care decisions. However it is not a legally binding document and may not be recognised.
Medical Power of Attorney / Medical Agent
Having a Medical Power of Attorney allows someone to appoint their own substitute decision maker. This person can make any decision about treatment that has been directed. They can decide what treatment is best in a situation in which the person can’t speak for themselves.
Enduring Power of Attorney
An Enduring Power of Attorney is a legal arrangement. It enables another person to look after their financial affairs when a person become unable to do so themselves. An Enduring Power of Attorney continues until death.
Enduring Power of Guardianship
An Enduring Power of Guardianship is a legal document allowing a person to appoint their own guardian. This can only be done when of sound mind. An Enduring Guardian would make decisions for someone if they were to lose their mental capacity. This could be about how their needs and interests can best be met and may include where they will live (such as in a nursing home, if needed).
Sometimes it can be difficult for family or health professionals to carry out advance care plans. This may be, for example, because circumstances change quickly. However, having a plan in the first place improves the chances that any wishes will be carried out.
Resources
Related CareSearch pages
Plans and decisions
Wills
Funerals
Financial matters
This page was created on 26 May 2009 and is due for review in May 2011.
Last updated 9 March 2010.