This section explains what an Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More is and their status in NSW. In this section, you will find information about:
Advance Care Directives are a way that you can give guidance to health care professionals about how you want to be treated in the future if you lose capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More to make healthcare decisions due to age, illness and/or injury.
An Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More must be made when you are considered, at law, to have legal capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More to make your own healthcare decisions. The directive will then function as an extension of your common law right to determine your own health care when you lose capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More to make decisions.
In an emergency situation, your family may find it difficult to work out what you would want or what treatment is best for you. Advance Care Directives provide clarity when you are not able to tell them yourself. Advanced Care Directives are often very important in end of life decision-making. NSW Health has developed an Information Booklet that includes an Advanced Care Directive form that you can complete at the back.
To find out more about how to make an Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More, click here.
There is no set way to make an Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More. However, the following is useful to keep in mind when you are making yours:
Advance Care Directives are most effective if they are made in consultation with your treating health care professionals (for example, your general practitioner, case manager and/or your psychiatrist).
If you can afford to get private legal advice about preparing your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More, then this should be your next step.
Your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More will not be valid, and can be ignored later, if you did not have capacity when you signed it. To protect against your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More being challenged on this basis, you should ask your general practitioner or psychiatrist to give you a certificate saying that you do have capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More at the time you sign your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More.
You can change or revoke (cancel) your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More at any time while you still have legal capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More. You should let relatives, friends, carers and to any person who has been involved in your treatment know that you have changed or revoked it.
Dying with Dignity NSW provide some details and information about Advance Care Directives, and a template for preparing Advance Care Directives, click here to read it. If you are talking to a health care professional about making an Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More, you could refer them to this information.
To find out more about getting legal advice, click here.
For more about what you can include in your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More, click here to go to the next page of the Manual.
Advanced Care Directives can include information about:
Advance Care Directives often focus on end-of-life decision-making, for example, stating whether or not you want to be resuscitated if you lose consciousness or stop breathing in certain circumstances.
There is generally no limit to what you can put in an Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More. This is partly because, unlike other Australian states, NSW does not have any written laws about Advance Care Directives.
Remember, if an Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More is in any way unclear or not specific, it is unlikely to be enforced.
If you want to include your wishes about mental health treatment and care in an Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More, click here.
If you are unable to communicate with your healthcare professional or make decisions about your treatment, they will refer to your Advanced Care Directive. They will consider whether:
If you have a GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More or Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, they must also refer to your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More before making medical or health decisions on your behalf.
The Supreme Court have said that a valid Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More must be followed, and health care professionals generally have no authority to override a valid Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More.
However, there are certain exceptions. For example, you cannot avoid the operation of the Guardianship Act 1987 (NSW) or the Mental Health Act 2007 (NSW) by making an Advanced Care Directive. However, the Advanced Care Directive can be taken into account in any decision-making that is required for you under those Acts.
You can include in your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More whether or not you want to be treated with particular medication if you become unwell.
You can include in your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More if you don’t want to be treated (or do want to be treated) with particular procedures such as electro-convulsive therapy (ECT).
You can also state in your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More your wishes about life management arrangements if you are admitted to hospital with a mental illness in an acute phase. This could include, for example, details about what you want to happen about the care of your children, the care of your pets, and who in your work-place can be told.
If you become an involuntary patient under the Mental Health Act 2007 (NSW), it will be up to your treating team to decide if they will follow your Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More. They should try to take it into account, but they don’t have to.
It is highly unlikely that the courts would allow an Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More to overturn the choices of medication made by a hospital to treat you if you are an involuntary patient. This also is likely to apply to a decision made by the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. to order that you have ECT, or a decision by NSW Family and Community Services or the Children’s Court to place your children in care.
However, putting your wishes in an Advance Care DirectiveAn Advance Care Directive reflects someone’s wishes, in writing, of what they want to happen to them if they become incapable of making decisions for themselves. It usually includes what medical treatment and care they do or do not want. An Advance Care Directive can also include wishes about any aspect of their life, such as their values or goals. An Advance Care Directive can only be made by an adult with decision making capacity. More will enable these bodies to better take into account your wishes if you become so unwell that you cannot express them yourself.
Updated April 3, 2020
