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01: Living Wills and Medical Agents
A Living Will is the popular name for a written statement of your wishes
for health care should you become no longer competent to take part in decisions
about your medical treatment. By making a Living Will you plan ahead for
your future health care. You take responsibility and protect your interests
should that happen.
A Living Will is sometimes called an Advance Directive. In South
Australia's Natural Death Act 1983 it was called a Notice of
Direction. In SA's Consent to Medical Treatment and Palliative Care
Act 1995, which replaced the 1983 Act, it is called an Anticipatory
Direction, and the prescribed form is headed Schedule 2 Direction
under Section 7.
A Living Will may include the appointment of a Medical Agent (also referred
to as a proxy) to make medical treatment decisions on your behalf on the
basis of your Living Will. Provision for such an appointment is made in
Schedule 1 of SA's Consent to Medical Treatment and Palliative Care Act
1995 under the title, Medical Power of Attorney.
SAVES has prepared guidelines for
completing a Living Will and appointing a Medical Agent under the 1995
Act. The guidelines summarise the main features of the Act and include
suggestions for completing and locating the documents to best effect. They
are available free to members on request with a large stamped self addressed
envelope to the Hon. Secretary at the address below. The cost is $5 to non-members
in addition to the stamped addressed envelope. (Requests from overseas
should should include a bank draft or international postage coupons to
cover costs.)
A Living Will can also be made under SA's Guardianship and Administration
Act 1993 by completing the Schedule headed Instrument Appointing
an Enduring Guardian. As well as making decisions on medical treatment,
the person appointed can exercise general powers of guardianship. The Act
allows you to express wishes that go beyond medical treatment.
You should consider appointing an Enduring Power of Attorney for
the management of your financial and legal affairs under the Powers
of Attorney and Agency Act 1984.
"Do It Yourself" kits to appoint an Enduring Guardian and an Enduring Power
of Attorney are available from Services SA, EDS Centre, 108 North Terrace, Adelaide, SA 5000, ph. 132324 www.service.sa.gov.au.
See also Fact Sheet 8 which deals with medical treatment and the law in SA, Fact Sheet 5 Appointing Your Own Legal Agent in SA and Making an Advance Directive for Health Care in South Australia.
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