Planning for end-of-life care:
the importance of
Advance Health Directives

We all hope for good health and a long life, but it’s crucial to plan for situations where you might be unable to make medical decisions for yourself. This is where an Advance Health Directive (AHD) comes in. An AHD allows you to outline your wishes for medical treatment in advance, giving you control over critical healthcare decisions and ensuring your wishes are respected, even when you cannot voice them.

In this post, we’ll explore what an Advance Health Directive is, why it’s essential, and how you can create one as part of a comprehensive estate plan.

WHAT IS AN ADVANCE HEALTH DIRECTIVE (AHD)?

An Advance Health Directive is a legal document that allows you to record your preferences for future medical treatment. It outlines your instructions on matters such as resuscitation, life-sustaining treatments like assisted ventilation and blood transfusions. An AHD becomes effective when you are unable to make your own medical decisions [this is called “loss of capacity”].

An AHD ensures that your medical care aligns with your personal values and wishes. It also provides clear guidance to doctors, healthcare providers, and loved ones, avoiding confusion and emotional strain during difficult times.

WHY IS AN AHD IMPORTANT?

1. Control over medical decisions
An AHD gives you control over your medical treatment when you can’t communicate your preferences. Whether you’re facing a serious illness, accident, or general health decline, an AHD ensures your healthcare aligns with your desires.

2. Easing the burden on loved ones
Making healthcare decisions on behalf of a loved one can be extremely stressful. An AHD removes this burden by outlining your wishes, so family members aren’t left to guess or debate what you would have wanted.

3. Clear communication with healthcare providers
Without an AHD, healthcare professionals might follow general guidelines that don’t reflect your preferences. By having a legally binding AHD, you ensure that your treatment plan is clear, guiding medical staff to respect your wishes.

However, be aware that an AHD does not negate good medical practice. It cannot force your treating medical professionals to follow your wishes if it would be negligent to do so.

WHO SHOULD HAVE AN ADVANCE HEALTH DIRECTIVE?

While it’s common to think that only the elderly or seriously ill need an AHD, it’s actually important for anyone over the age of 18 to consider creating one. Life is unpredictable, and sudden accidents or illnesses can happen at any stage.

However, if you are facing specific health concerns such as a chronic illness or preparing for surgery, having an AHD is especially critical. It provides peace of mind, knowing that your healthcare decisions are in your hands, even if you’re unable to voice them at the time.

HOW TO CREATE AN ADVANCE HEALTH DIRECTIVE

Here’s how to create an Advance Health Directive:

1. Seek legal advice on the AHD as part of the overall strategy for your estate plan
It is not strictly necessary to receive legal advice before you complete an AHD, however, seeking legal advice ensures that it aligns with your overall estate plan. A lawyer can help integrate the AHD with other documents like your Powers of Attorney.

2. Assess your values and preferences
Take time to reflect on your personal values and preferences regarding medical treatment. Would you want life-sustaining treatment if the prognosis is poor? How do you feel about organ donation or resuscitation?

3. Consult with your doctor
Your doctor must complete and sign the ‘Doctor certificate’ in your AHD. Your doctor will discuss the treatments in the AHD with you so you can make an informed decision about your medical options covered by the AHD.

4. Complete and sign your AHD
After you have seen your doctor, you must sign the AHD in the presence of a qualified witness. This qualified witness must be either a justice of the peace (“JP”), commissioner for declarations (“CDec”), lawyer, or notary public.

5. Share your AHD
After completing your AHD, you may choose (if you are comfortable doing so) to share copies with your family, healthcare providers, and anyone involved in your care. This ensures that your wishes are known and easily accessible when needed.

You may choose to keep the original signed AHD with your other estate plan documents, like your Will, Letter of Wishes, and Enduring Power of Attorney.

KEEPING YOUR AHD CURRENT

It’s important to review your Advance Health Directive periodically, particularly if your health or life circumstances change. As medical advancements are made or your personal preferences shift, you may wish to revise your AHD to reflect these changes. Keeping your AHD current ensures that your healthcare decisions remain relevant and respected.

HOW AN AHD FITS INTO YOUR ESTATE PLAN

An Advance Health Directive works hand-in-hand with other key documents in your estate plan, particularly your Enduring Power of Attorney.
In your Enduring Power of Attorney (EPA), you can appoint people you know and trust to make personal (including health) decisions and financial decisions for you if you lose the ability to make those decisions for yourself. Your EPA can include special terms and powers your decision-makers may need for handling your affairs.

Integrating an AHD with your estate plan ensures that every aspect of your life is protected. By clearly outlining your wishes, you reduce the likelihood of conflict or confusion among family members and healthcare providers. It’s a vital step in ensuring your values are honoured, both in life and after.

CONCLUSION

Planning for end-of-life care may not be the easiest subject to think about, but it is an essential part of taking control of your future. An Advance Health Directive ensures your medical treatment aligns with your personal values and relieves your loved ones from making tough decisions during emotional times.

If you’re ready to take the next step in creating or updating your Advance Health Directive, we’re here to help. Book our heart-to-heart initial consult now, to ensure your estate plan fully protects your healthcare wishes.