Powers Of Attorney (Health)
And Advance Health Directives

Every legally competent adult has the right to accept or refuse any recommended health care. This is relatively easy when people are well and can speak for themselves. Unfortunately, people are not always conscious or able to communicate their wishes. This can create problems at times when critical decisions need to be made. Due to the introduction of the Powers Of Attorney Act 1988 you can now give directions about your medical treatment at such a time.

The act provides for two basic forms of direction these being the Advance Health Directive and the Power Of Attorney For Personal Or Health Matters.

The power of attorney deals with issues basically confined to day to day living arrangements and your personal care and management.

The Powers of Attorney Act 1998 does not allow an Attorney to decide special health matters such as donation of body tissue, sterilisation, termination of pregnancy, research or experimental care, certain psychiatric or other health matters specified in the regulations, or withholding or withdrawing life-sustaining medical treatment.

It is therefore necessary to address the larger issues such as essential life support and quality of life issues in the Advance Health Directive.

What Is An Advance Health Directive?

An Advance Health Directive is a document that states your wishes or directions regarding your future health care for various medical conditions or in various medical situations. There are some directives that will not be able to be enforced such as euthanasia. This would not be enforceable as under the Queensland Criminal Code, it is an offence to accelerate the death of a person by an act or omission. It is also an offence to assist another person to commit suicide.

At your choice your Advance Health Directive can apply at any time when you are unable to decide for yourself, or only if you are terminally ill. Either way it comes into effect only if and when you are unable to make your own decisions.

It can also be revoked varied or amended at any time but only by you and obviously only when you are mentally fit and capable of making that sort of decision.

It is a legislative requirement that your Advance Health Directive be signed in the presence of a doctor who certifies that you were not suffering from depression or any other condition that would affect your ability to understand the decisions you have made in the document.

Who Is Your Health Director??

The answer to this is simple. You are. The document is one which states your specific wishes. It is not one which passes the decision making process over to a third person or even a "committee" of people.

The document details a number of specific circumstances and you have the opportunity of stating in advance your wishes (or directives) in those circumstances. It also has provision for "other" circumstances where you can specify your feelings on palliative care, life support and any other issue not covered in the standard options.

It is strongly recommended that these issues be discussed with your doctor (or if appropriate your specialist) in order that you truly understand the medical issues that you are dealing with.

Issues To Think About

You should think clearly about what you would want your medical treatment to achieve if you become ill. For example:

• What level of quality of life would be acceptable to you?
• What level of dignity of life would be acceptable to you?
• How will you know what technology is available for use in certain conditions?
• What is really "incurable" you may live long enough to find a cure for your disease. (refer back to the issues of quality and dignity of life)
• Do you have any religious beliefs that may affect your treatment?
• If you have decided that you do not wish to have life support and yet wish to donate your organs would you be prepared to have life support for long enough to be able to allow the effective transplant of the organs to their recipient?
• It is not possible to anticipate everything and so you should consider how specifically you draft your directives.

As you can imagine the rules for witnessing this document are very strict. The witness must be

• Over 21 Years of Age and either
• A Justice of the Peace; or
• A Lawyer; or
• Notary Public; or
• Commissioner of oaths

and the witness must not be ( for obvious reasons)

• Your attorney
• A Relation of the Attorney
• Your spouse
• A beneficiary under your will
• Any Other Relative
• Your current Nurse or Doctor
• The current paid carer or health care provider for the Principal.

This brochure has been designed as a general guide only. As can be seen from the questions raised in this brochure nothing is ever as simple as it seems and the exercise of legal rights is frought with decision making and responsibility. Should you need assistance and guidance or merely to clarify your position.please do not hesitate to contact us.