What is an Advanced Health Directive in Western Australia?
An Advanced Health Directive (AHD) in Western Australia is a legal document that allows an individual to express their preferences and make decisions about their future medical treatment in the event that they are unable to make decisions for themselves. It can also be referred to as a Living Will.
An AHD is a way for an individual to make their wishes known in relation to what medical treatment they would want to receive, or not to receive, if they become incapacitated and are unable to make decisions for themselves. It can include instructions about what medical treatments an individual would want to receive, such as life-sustaining treatments, and what treatments they would not want to receive, such as artificial nutrition and hydration.
AHDs are legally binding on medical practitioners, who must follow the instructions outlined in the AHD when providing medical treatment to an individual who has lost the capacity to make decisions for themselves.
It is important to note that AHDs can only be made by an adult person who has the capacity to understand the nature and effect of the document, and it must be signed by the person making it and witnessed by two adults who are not beneficiaries under the persons will. It is always recommended to seek legal advice from a lawyer to understand the process and to ensure that the document meets the legal requirements.
How can an Advanced Health Directive lawyer help?
An Advanced Health Directive (AHD) lawyer in Western Australia can help individuals by providing legal advice and drafting an AHD that complies with the legal requirements of Western Australia.
Specifically, an AHD lawyer can help by:
- Advising on the legal implications of the instructions outlined in the AHD,
- Ensuring that the instructions in the AHD are clear, specific and legally valid,
- Preparing and drafting the AHD document,
- Advising on the process of registering the AHD with the Office of the Public Advocate,
- Advising on the legal requirements for making an AHD and the capacity requirements,
- Advising on the revocation of an AHD.
Additionally, an AHD lawyer can also provide guidance on the best course of action to take to ensure that an individual’s wishes are respected in the event that they are unable to make decisions for themselves. They can also provide guidance on how to communicate the AHD to the relevant health professionals and family members.
It is important to note that an AHD is a legal document and must meet the legal requirements in order to be valid. Therefore, it is recommended to seek legal advice to understand the process and to ensure that the document meets the legal requirements.
The friendly lawyers at Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.