This must be someone who is independent of you. They cannot be a beneficiary in your will, a Substitute Decision-Maker named in the document, or a paid professional carer. The witness must be listed as an authorised witness such as a registered professional, public servant with more than five years’ service, lawyer, Justice of the [...]
If we can’t get all signatories together at one time in the one place, how can we finalise the Advanced Care Directive?
You will need to ensure the signatures of the Substitute Decision-Maker(s) are completed before the Advance Care Directive can be witnessed and signed by you.
You can appoint one or several Substitute Decision-Makers. You can then also outline whether they are to make decisions jointly or separately.
Yes. A Substitute Decision-Maker must certify, by completing and signing the relevant part of the advance care directive form, that he or she accepts the appointment and has read and understands the guidelines for substitute decision-makers.
One deals with your life before death and the other your wishes after death. Essentially an Advance Care Directive is a legal form that allows people over the age of 18 years to: write down their wishes, preferences and instructions for future health care, end of life, living arrangements and personal matters and/or appoint one [...]
The only way you can change your Advance Care Directive once it is finalised is to cancel your original directive and have a new document drafted and signed.
Do I need an Advance Care Directive if I already have Enduring Power of Guardianship, a Medical Power of Attorney or an Anticipatory Direction?
No. These documents are still legally effective unless you complete an Advance Care Directive Form.
Ideally your Substitute Decision-Maker is in full agreement with the content of your Advance Care Directive and your wishes. They will be required to sign and accept the role and the responsibilities of ensuring your wishes are carried out.
Generally speaking anyone can be appointed as a Substitute Decision-Maker, but you need to be sure that they will have the mental strength to be able to carry through your wishes. Those who CANNOT be appointed to the role include your doctor, nurse or paid professional carer. Family members and friends who are paid Carers’ [...]
No. An Advance Care Directive is a legally binding document. If a family member is appointed as a Substitute Decision-Maker they must also follow the instructions in the Advance Care Directive. The exceptions are that the Substitute Decision-Maker cannot: Make a decision which would be illegal, such as requesting voluntary euthanasia. Refuse food and water [...]