While many of us have a Will and a funeral plan - both of which come into effect after we die, less consideration is given to our pre-death.
An Advance Care Directive allows individuals to set out in detail their wishes regarding future health care in the event they are unable to communicate or make decisions for themselves. This can include decisions regarding life-sustaining treatment, such as mechanical ventilation, tube feeding, and cardiopulmonary resuscitation (CPR). It can also include lifestyle decisions (such as preferred living arrangements).
Advance Care Directives are particularly important for individuals with chronic or terminal illnesses, as well as those who have specific cultural or religious beliefs that may affect their medical care. By documenting their wishes in an Advance Care Directive, individuals can ensure that their appointed Substitute Decision Maker (often a loved one), can make informed decisions in accordance with their wishes, in consultation with health care providers. Having medical and health care preferences documented also provides peace of mind and clarity for other family members, friends, and carers during what is often a traumatic and emotional time for them.
It is important to note that an Advance Care Directive is a legally binding document and should be reviewed periodically to ensure it accurately reflects the individual's wishes.
Advance Care Directives have replaced Enduring Powers of Guardianship, Medical Powers of Attorney, and Anticipatory Directions. Whilst these documents may still be valid, once again, we recommend that if you have one, that you review it and consider updating it.
A Scammell & Co Wills & Estates lawyer can provide advice in relation to your wishes and assist with the preparation of a legally valid and binding Advance Care Directive.
For further information on Estate Planning please follow the link HERE
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
