An Advanced Health Directive, or "Living Will", enables you to give directions regarding your future medical treatment. It empowers you to record how you wish to be treated in future instances where you are unable to make decisions for yourself, due to incapacity.
Each Australian State has legislated for some form of Advanced Health Directive. In Western Australia, an Advanced Health Directive must be made in compliance with the standard form prescribed by regulations in order to recognised automatically. The intention of the legislation is to provide for Advanced Health Directives to be made which will bind the doctor treating you to act in accordance with the directive in circumstances where you no longer have the capacity to provide such instructions yourself.
The term "treatment" includes medical, surgical and dental treatments, including palliative care and life-sustaining measures. An Advanced Health Directive is only applied to your treatment decisions if you are unable to make reasoned judgments yourself.
Does an Advanced Health Directive take priority?
An Advanced Health Directive takes priority over any direction from an enduring guardian, except in very limited circumstances which your legal adviser will be able to explain to you.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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