Advance Care Directives
At Drinkwater Criminal and Family Lawyers, we understand the importance of planning for future health care to ensure your medical treatment preferences are respected, even if you're unable to communicate them. Serving clients in Forster, Taree, Newcastle and surrounding areas, our experienced legal team assists in creating Advance Care Directives tailored to your individual wishes and values.
Understanding Advance Care Directives in New South Wales
An Advance Care Directive is a legally binding document that records your specific preferences for future health care and medical treatments. It comes into effect only if you lose the capacity to make or communicate decisions about your medical care. In New South Wales, there is no specific legislation governing Advance Care Directives; however, they are recognized under common law and are legally binding.
Key Components of an Advance Care Directive
-
Treatment Preferences: Clearly outline which medical treatments you consent to or refuse, including life-sustaining measures such as resuscitation, mechanical ventilation, or artificial nutrition and hydration.
-
Values and Beliefs: Document your values, life goals, and preferred outcomes to guide your substitute decision-maker and healthcare providers in making decisions that align with your wishes.
-
Enduring Guardian Details: While an Advance Care Directive focuses on medical treatment preferences, it's advisable to appoint an Enduring Guardian to make personal, health, and lifestyle decisions on your behalf.
Legal Requirements and Considerations in NSW
In NSW, there is no statutory form required for an Advance Care Directive; it can be written in any format, provided it is clear and specific. To ensure its validity:
-
Capacity: You must be over 18 years old and have the capacity to understand the nature and effect of the directive.
-
Voluntariness: The directive must be made voluntarily, without coercion or undue influence.
-
Clarity: Clearly articulate your treatment preferences to avoid ambiguity.
-
Signature and Witnessing: While not legally required, it's recommended to sign and date the document in the presence of a witness to enhance its credibility.
Our Legal Services
-
Personalised Legal Advice: We provide tailored guidance to help you understand the implications of various medical treatment decisions and ensure your Advance Care Directive accurately reflects your wishes.
-
Document Preparation: Our team assists in drafting clear and comprehensive Advance Care Directives, ensuring they meet legal standards and effectively communicate your preferences.
-
Review and Updates: As your circumstances or health conditions change, we offer services to review and update your Advance Care Directive, ensuring it remains current and reflective of your wishes.
Why Choose Drinkwater Lawyers
-
Local Expertise: With a strong presence in Forster, Taree, Newcastle, and surrounding regions, we have an in-depth understanding of the local community and healthcare landscape.
-
Compassionate Approach: We recognize the sensitive nature of advance care planning and approach each case with empathy, respect, and confidentiality.
-
Comprehensive Support: From initial consultations to finalizing your Advance Care Directive, we provide continuous assistance, ensuring you are informed and confident in your decisions.
Contact Us
Planning for future medical care is a crucial step in ensuring your treatment preferences are honored and your loved ones are relieved of the burden of making difficult decisions on your behalf. Contact Drinkwater Criminal and Family Lawyers today to schedule a confidential consultation. Let us assist you in creating a comprehensive Advance Care Directive that reflects your values and provides peace of mind for the future.
