Estate planning is not just about what happens to your assets after you pass away. For many people, it is just as important to make arrangements about their medical treatment.
An ‘advance care directive’ (sometimes known as a ‘living will’) is a document containing instructions about end of life care, including consent or refusal of specific medical treatments.
In one case, the Supreme Court upheld the advanced care directive of a man who refused blood transfusion and dialysis treatment due to his beliefs as a Jehovah’s Witness. The Court honoured his wishes, even though the lack of treatment would lead to the worsening of his condition.
The case told us six important things to remember about advance care directives:
- The advance care directive only comes into play when you lose the capacity to make decisions about your medical treatment;
- An advance care directive can only be made by a capable adult, acting freely and voluntarily;
- To be upheld, the advance care directive must be clear and unambiguous about the medical treatment and apply to the clinical circumstances at hand. If the document is unclear, decisions will likely revert back to medical professionals or your enduring guardian;
- Decisions to refuse medical treatment do not have to be considered reasonable. Provided the document is clear, the court will respect the wishes of the person, regardless of whether they are based on moral or religious grounds;
- You may choose to prepare an advance care directive in an enduring guardianship appointment document; and
- Advance care directives are not absolute. If the professionals are not sure if the advance care directive applies, or if treatment is necessary to save the life of a viable unborn child, the ‘emergency principle’ may apply, allowing the doctor to treat the patient in accordance with his or her clinical judgement.