Advanced Health Care Directive in Gosford
- 40+ years local experience
- Clear, practical legal advice
- PEXA registered law firm
Request A Call Back
Thank you for contacting Linda Emery & Associates.
We will get back to you as soon as possible.
Oops, there was an error sending your message.
Please try again later.
What is An Advanced Health Care Directive?
An advanced health care directive is a document which sets out your wishes regarding health care decisions that should be made when serious illness occurs and end-of-life decisions are necessary.
This document will assist the person who is required to make the decisions based on your wishes and what is outlined in the document.
An advanced health care directive is additional to appointing an enduring guardian and usually contains:
- Details of a person's health care preferences
- Any values and beliefs that may guide future treatment
- Instructions regarding the future use or restriction of particular medical treatments
- Details of who a person wants to make these decisions for them when they aren't able to do so
Contact us to find out how our team can help you today!
Why Is It Important to Have an Advanced Health Care Directive?
Medical emergencies or conditions such as stroke, dementia, or severe trauma can result in a loss of capacity, making it difficult or impossible to communicate your preferences. In such cases, health care providers often rely on family members or next of kin to make decisions—who may not always be certain about what you would have wanted.
An Advanced Health Care Directive helps eliminate this uncertainty. It ensures that your voice is heard even if you can no longer speak for yourself. It can also ease the burden on family members, who might otherwise struggle with making difficult decisions during times of stress or grief.
Once you’ve created an Advanced Health Care Directive, it’s essential to ensure the document is readily available to those who may need to act on it. You should provide a copy to your general practitioner, any relevant specialists, and your local hospital. It’s also wise to share it with close family members or anyone who may be contacted in a medical emergency. If you have an Enduring Guardian, they should have a copy as well. Keeping the directive in an easily accessible location at home is also recommended. Making others aware of your preferences can prevent confusion and ensure your choices are respected if an urgent decision is needed.
How Does an Advanced Health Care Directive Differ from an Enduring Guardianship?
An Advanced Health Care Directive records your personal wishes about future treatment. In contrast, an Enduring Guardianship allows you to appoint someone to make lifestyle and health care decisions on your behalf if you lose capacity. These two tools often work best when used together—your directive can guide your guardian’s decisions and ensure your choices are respected.
Is an Advanced Health Care Directive legally binding in NSW?
Yes. In NSW, an Advanced Health Care Directive is legally binding if it’s made by someone with capacity, is voluntary, and clearly outlines specific health decisions. Doctors and health providers are expected to follow it unless it’s unclear or not applicable to the situation. Although not required by law, sharing it with your GP, hospital, and family is strongly recommended.
What should be included in an Advanced Health Care Directive?
A directive can include your preferences for treatments like CPR, ventilation, artificial feeding, and palliative care. It may also reflect your values, religious beliefs, or thoughts on quality of life. You can appoint a substitute decision-maker if allowed under your state’s laws. Clear, specific instructions help ensure your wishes are understood and followed.
Can I change or cancel an Advanced Health Care Directive?
Yes, as long as you have capacity. To update your directive, create a new version and clearly state that it replaces the old one. Destroy outdated copies and give the updated version to your doctor, family, and anyone else who had the original. Reviewing it regularly ensures it still reflects your current wishes.
