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The following article is from the SAVES newsletter, The
VE Bulletin, Vol 17 No 3, November 00
Living Will Kit updated
We last updated our Living Will Kit, which provides plain language information
on the provisions of the Consent to Medical Treatment and Palliative
Care Act, 1995 and how to use them, in April 1997. While there have
been no changes to the Act since then, oversight of the Act has been strengthened.
We welcome this development and have updated our kit to reflect current
policy directions.
The Act is now administered by the Department of Human Services, Strategic
Planning and Policy Division. Valuable suggestions from the Department
for updating our kit are gratefully acknowledged. The Department is strongly
opposed to the term 'Living Will', which is regarded as colloquial and
possibly misleading. To avoid confusion over terminology, our kit is now
headed 'Making an Advance Directive for Health Care in South Australia
(under the Consent to Medical Treatment and Palliative Care Act 1995)'.
Our recommendations on how to use the Act are essentially unchanged
but we have dropped our earlier practice of providing Schedule 1 and 2
forms completed in accordance with our main suggestion. This will avoid
the possibility of undue influence being claimed. Our suggestions are now
presented as examples on a separate sheet for optional transfer to the
forms as decided by the user.
We have also dropped our suggested method of overcoming the difficulty
that can arise in getting the signatories to Schedule 1 together at the
same place and at the same time as required in the Act. The Department
is exploring ways of resolving this problem, and in the meantime queries
in this or any other respect should be taken up with the Strategic Planning
and Policy Division of the Department. (Ph. 8226 6471 or 8226 6436)
In our view it is very unlikely that the legality of the individual
Schedules 1 and/or 2, completed in accordance with the approach taken in
our earlier kits, would be challenged. However, those wishing to avoid
this possibility should seek legal advice and/or use our revised
kit.
The kit is available free of charge to financial members on receipt
of a stamped (98c) self-addressed A4 envelope. The cost for non-members
and unfinancial members is $5 in addition to the stamped self-addressed
envelope.
Bill Mettyear
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