We are members of CPA Australia and of Chartered Accountants Australia and New Zealand (CA ANZ).
level 1, 53 Walker Street
North Sydney
NSW
2060
AUS
Phone: +61 411 794 879
May 30, 2023
Having the Last Say on Your Health Care Decisions: Advance Care Directive and Enduring Guardian (NSW)

What is an Advance Care Directive?
One thing we can expect out of life is its unpredictability. Although thinking about the unpredictable and inevitable forces in life such as accidents, incapacitation, death etc. is worrisome it is crucial that we go through life well prepared.
Advance Care Directive is a written, legal document which provides guidance for medical professionals and care givers regarding your choices, in case if you are terminally ill or incapacitated due to serious injury, late stages of dementia or near the end of life.
This way, you have more control on deciding what kind of medical care you want, avoid unnecessary suffering and by making decisions in your own volition you can also relieve your care givers and loved ones from having to take difficult decisions during moments of crisis or grief.
This way you could clearly state your wishes that significantly reduces confusion or any cause for disagreement about them for the people who make them on your behalf.

Why is it important to make an Advanced Care Directive?
Making an Advanced Care Directive is an important part of Advance Care Planning _ NSW Health
An Advanced Care Planning include preparing your Advance care Directive. With an advance care directive, you may express your own healthcare wishes in writing. Your ideals, aspirations for your future, desired results, and instructions for medical care and therapy may all be included. A formal substitute decision-maker can also be named in an advance care directive.

Who can make an Advanced Health Care Directive?
Any adult with the capacity to make decisions can make an Advanced Health Care Directive. “I can wait until I get old to make my AHCA” or “I don’t need an AHCD because I am young and in good health” are popular misconceptions. We do not know what future holds and health is unpredictable. And that is a reason good enough to make your AHCD without waiting for the last minute.
If it is valid, health care professionals as well your family should abide by the guidelines you have provided in the AHCD, and they have no authority to override your wishes.
Note: Decision making capacity means your ability to make day to day decisions in these areas of your life, legal, financial, medical/ health care and personal.

How to select a substitute decision maker?
Appointing a substitute decision maker is an important decision that you must take in life therefore, thread carefully. Before appointing someone, you should ask yourself questions like, “is this person going to respect my wishes?” or “is this person capable to execute duties that come with this position?” etc.
There are other requirements that the person appointed as the substitute decision maker must meet. They are as follows.

  • This person should be someone you trust.
  • This person should be over 18 years of age.
  • This person should be someone who will listen to your values and preferences for future care.
  • This person should be someone who will be comfortable making decisions in difficult situations.

In different Australian territories, substitute decision makers are referred to in different terms. In New South Wales, the substitute decision maker is known as the Enduring Guardian (the Guardianship Act 1987).

When does your Advance Care Directive Apply?

Here’s a list of people you should give a copy of your Advanced Care Directive to:

  • Your family
  • Your Enduring Guardian
  • Your hospital and doctor
  • The ambulance service
  • Anyone else who you feel appropriate.

Resources
https://www.advancecareplanning.org.au/understand-advance-care-planning/being-a-substitute-decision-maker
https://www.health.gov.au/topics/palliative-care/planning-your-palliative-care/advance-care-directive

Other Blogs

Did you use the reduced rates that applied for fuel acquired?

Did you use the reduced rates that applied for fuel acquired? Fuel tax credits are a valuable way for businesses to reduce their fuel...

Read More
Tax Deductions for Working from Home

Tax Deductions for Working from Home The Australian Taxation Office (ATO) has recently revised its approach to claiming deductions for work...

Read More
Taxes applied for providing car parking for your employees

Taxes applied if you are providing car parking for your employees If you provide car parking for your employees, you may have to pay fringe...

Read More
Received a business support grant?

Received a business support grant? You may have received a business support grant recently to help your business through tough times. If...

Read More
Future-Proofing Your Legacy: 10 reasons Why?

Future-Proofing Your Legacy: 10 reasons Why? Let me ask you this question, “is it important for you to protect your family wealth for...

Read More
Successor Director Solution: Business as usual

Successor Director Solution: Business as usual Caution: Having a Sole Director in a company without a backup plan is just not prudent. It...

Read More
Pick your Team Members In case of your incapacity

Pick your Team Members In case of your incapacity: Who will be your financial decision maker (Enduring Power of Attorney)? Who will be your...

Read More

Subscribe

Subscribe to our newsletter and stay updated!