Showing posts with label Advanced Health Directive. Show all posts
Showing posts with label Advanced Health Directive. Show all posts
Monday, August 20, 2012
Links to Advanced Health Directives in every state
As mentioned in last week’s post, each state offers the ability to prepare an Advanced Health Directive (AHD).
Set out below are the links to the relevant government websites that provide the standard statutory forms for AHDs.
Obviously, before relying on any link, you should satisfy yourself that the relevant document is up-to-date.
In summary then:
NSW http://www.health.nsw.gov.au/patients/acp/Publications/acd-form-info-book.pdf
VIC https://www.publicadvocate.vic.gov.au/your-rights/your-healthcare/making-an-advance-care-directive
QLD https://www.qld.gov.au/law/legal-mediation-and-justice-of-the-peace/power-of-attorney-and-making-decisions-for-others/advance-health-directive
SA https://advancecaredirectives.sa.gov.au/upload/home/Current_ACD_Guide.pdf
WA http://www.health.wa.gov.au/docreg/education/population/HP11536_advance_health_directive_form.pdf
NT https://nt.gov.au/law/rights/advance-personal-plan
TAS https://www.dhhs.tas.gov.au/palliativecare/advance_care_planning_for_healthy_dying
ACT http://www.health.act.gov.au/public-information/consumers/advance-care-planning or https://www.advancecareplanning.org.au/create-your-plan/create-your-plan-act
Until next week.
Monday, August 13, 2012
Difficulties with Advanced Health Directives
In last week’s post, an overview
of Advanced Health Directives (AHDs) was provided.
As mentioned in that post, there are a number of significant practical difficulties with AHDs, and in summary, the main issues in this regard include:
1. The person making the AHD tends to want to be able to have a ‘turn off the switch’ type provision (or perhaps even euthanasia). No AHD allows this. Unless the donor has specific religious or personal objectives, many of the questions are somewhat irrelevant.
2. The attitude of a donor when signing the AHD is not necessarily any indication of their attitude in say, ten years time, when the issue arises. Anecdotally many doctors are unwilling to rely on a document from years earlier in the heat of the moment (even if they find that document on an urgent basis).
3. As the document needs to be completed with a GP it is unlikely that the GP is actually going to be involved in any sort of emergency situation in any event – again, another reason why the doctor actually performing the medical treatment etc, would be very unlikely to either try and find the AHD or even if it is found, look to rely on it.
4. In contrast, doctors will generally place significant weight on whoever is appointed as the enduring power of attorney. If that enduring power of attorney is also a next of kin and if there is no hint of any dispute in the immediate family group, then the wishes of the person seeking medical treatment will generally be respected.
In next week’s post, there will be links provided to the relevant government websites for AHDs in every Australian State.
Until next week.
As mentioned in that post, there are a number of significant practical difficulties with AHDs, and in summary, the main issues in this regard include:
1. The person making the AHD tends to want to be able to have a ‘turn off the switch’ type provision (or perhaps even euthanasia). No AHD allows this. Unless the donor has specific religious or personal objectives, many of the questions are somewhat irrelevant.
2. The attitude of a donor when signing the AHD is not necessarily any indication of their attitude in say, ten years time, when the issue arises. Anecdotally many doctors are unwilling to rely on a document from years earlier in the heat of the moment (even if they find that document on an urgent basis).
3. As the document needs to be completed with a GP it is unlikely that the GP is actually going to be involved in any sort of emergency situation in any event – again, another reason why the doctor actually performing the medical treatment etc, would be very unlikely to either try and find the AHD or even if it is found, look to rely on it.
4. In contrast, doctors will generally place significant weight on whoever is appointed as the enduring power of attorney. If that enduring power of attorney is also a next of kin and if there is no hint of any dispute in the immediate family group, then the wishes of the person seeking medical treatment will generally be respected.
In next week’s post, there will be links provided to the relevant government websites for AHDs in every Australian State.
Until next week.
Monday, August 6, 2012
What are Advanced Health Directives?
One issue that comes up
relatively regularly in estate planning exercises relates to Advanced Health
Directives (AHD).
In most jurisdictions, an AHD is essentially a document addressed to a person’s medical practitioner setting out the level of care that they would like to receive in a series of specific situations. Normally, the document is crafted as a 'multiple choice' questionnaire listing out dozens of typical medical scenarios. The document is normally completed in conjunction with a client’s GP.
As the document is a medical, not legal, one, most lawyers simply provide access to the standard document rather than providing advice on it.
One important issue to note is that in no Australian state does an AHD create the ability for euthanasia style directions to be articulated.
While a person has legal capacity they may revoke their AHD at any time.
In an upcoming post, we will look at some of the practical difficulties of AHDs.
Until next week.
In most jurisdictions, an AHD is essentially a document addressed to a person’s medical practitioner setting out the level of care that they would like to receive in a series of specific situations. Normally, the document is crafted as a 'multiple choice' questionnaire listing out dozens of typical medical scenarios. The document is normally completed in conjunction with a client’s GP.
As the document is a medical, not legal, one, most lawyers simply provide access to the standard document rather than providing advice on it.
One important issue to note is that in no Australian state does an AHD create the ability for euthanasia style directions to be articulated.
While a person has legal capacity they may revoke their AHD at any time.
In an upcoming post, we will look at some of the practical difficulties of AHDs.
Until next week.
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