What is an Advance Care Directive in Australia

living will australia | Dandenong Family Lawyers

In Australia, an Advance Care Directive (ACD), commonly referred to as a living will Australia, is a crucial document that records your healthcare preferences if you cannot communicate your decisions due to illness or injury.

It is a way to ensure that your healthcare treatment aligns with your wishes, providing peace of mind for both you and your loved ones.

Legal Validity of an Advance Care Directive

For an ACD to be considered legally valid in Australia, certain conditions must be met:

  • The individual must have had the capacity to make the directive at the time of writing.
  • The directive should contain clear and specific details about the treatments one is willing to accept or refuse.
  • It must apply to the current medical situation of the individual.

In New South Wales, for instance, an ACD can be either spoken or written. However, a written and signed directive is recommended to clarify and avoid potential disputes or misunderstandings.

Also read: Is an Australian Power of Attorney Valid Overseas?

Costs of Preparing A Living Will

The costs of preparing a living will, or an Advance Care Directive, in Australia can vary widely.

If you hire a solicitor or an advanced care planning attorney to create your living will, the fees can range from $300 to $3,000, depending on the complexity of your requirements and the professional you consult. Some public trustees may offer these services at different rates, and prices may start from around $440.

It’s also possible to find low-cost or even free services through community programs or non-profit organisations. However, these costs can fluctuate, and it’s advisable to seek multiple quotes and consider the specific services offered before making a decision.

Also read: Cost of Making a Will With a Lawyer

Need a Lawyer?

We Can Help You Too: Living Will Australia

A concerned mother approached our firm seeking clarity on preparing a living will, mindful of her family’s future. We guided her through the nuances of Australian law, ensuring her Advance Care Directive reflected her healthcare wishes precisely. Our assistance included:

  • Drafting the document.
  • Outlining clear instructions for various medical scenarios.
  • Advising on the legal requirements for it to be recognised.

We also facilitated discussions with her healthcare providers to align her medical records with her living will.

Also read: How to Find a Will

Seek Legal Advice

In conclusion, a living will, or Advance Care Directive, is an empowering tool within the Australian healthcare system, allowing individuals to articulate their medical preferences for future scenarios where they may be unable to voice their decisions.

It ensures that your healthcare choices are respected and provides invaluable guidance to loved ones and medical professionals. Given the legal nuances and the importance of ensuring that your directive is clear and enforceable, seeking legal advice is highly recommended.

A legal professional can help navigate the complexities of state laws and ensure that your living will accurately reflect your wishes and stand up to legal scrutiny. By taking this step, you can have peace of mind knowing that your healthcare preferences will be honoured.

Hayder

Shkara

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