Introduction
Every competent adult has the right to accept or refuse medical care. This is an easy situation to discuss and decide when then adult in question has mental capacity. However, it is more difficult to organise if the adult is losing their mental capacity due to old age or an illness. For example, the person might have had an accident and be unconscious – however, critical decisions about their body might still need to be made.
An Advance Health Directive is for completion now, today, before accidents happen or before others begin to doubt your mental capacity. Let everyone know your wishes before such things happen.
What is an Advance Health Directive?
It is a document whereby you can state your wishes or directions about how you would like your body to be dealt with. It comes into effect only if you lack the requisite mental capacity to decide such things without it.
Who can make an Advance Health Directive?
Anyone over 18 years of age, who is capable of understanding the nature of their decisions and foreseeing the effect of those decisions, can make one.
What do I need to consider first?
You should carefully consider what you would like your medical treatment to achieve, if you become ill. For example:
- if treatment can prolong your life, what level of quality of life would be acceptable to you?
- How important is it to you to be able to communicate with family and friends?
- How will you know what technology is available for use in certain conditions?
You should discuss this with your doctor before you complete the form. The doctor must then complete section 5 of the form.
The purpose of an Advance Health Directive is to give you confidence in the fact that your body will be dealt with in the way you want it to be, if you cannot speak for yourself. A request for euthanasia will not be followed as this will breach the law. It is a criminal offence to assist someone to die or to commit someone to assist someone to commit suicide. It is also an offence to accelerate the death of someone by either an act or omission.
Can I cover all health aspects?
It is almost impossible to cover every situation; however, you can give an attorney an Enduring Power to make such decisions for you. Links to Enduring Power of Attorney documents are available at the end of this article.
Can I change or revoke the Advance Health Directive?
Yes, as long as you are mentally capable, you can change them at any time. Net Lawman advise you revise your Advance Health Directive every two years as food practise. You can revoke the document at any time. This must be in writing and although someone must witness you signature, there is no required form, nor do they need to be a solicitor or justice of the peace, as for other forms.
Who is involved in completing the document?
You, the principal complete the most of the document.
A doctor must complete section 5.
Your witness completes section 9. Your witness must be over 21 years of age and be a justice of the peace, a commissionary for declarations, a lawyer r notary member of the public. He or she must not be your attorney, a relation or a paid health carer or health-care provider.
What do I do with the completed document?
Keep the completed document in a safe place; give a copy to your own doctor, your attorney, to a family member, friend and or your solicitor. The more people who know about your wishes, the more likely they are to be carried out.
If you are admitted to a hospital, make sure the hospital staff know you have an Advance Health Directive.
Where can I get my Advance Health Directive?
Here, of course!
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