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Quotes

The VE Bulletin Excerpts
'No price is too high to pay for the privilege of owning yourself' Rudyard Kipling

Anticipatory Direction guidelines

The SA Dept of Health has issued a new guide for completing an advance directive, also known as an Anticipatory Direction under the Consent to Treatment and Palliative Care Act 1995.The regulations governing the act since 1996 have been revoked by the 2004 Regulations.

This does not change the provisions of the act or require anyone who has previously completed an advance directive to complete another. The guide, which includes relevant forms, is designed to make the task of setting out your wishes easier by providing a wider range of relevant information and clear guidelines.

It is now also easier to complete a Medical Power of Attorney, as those who are nominated, and choose to accept a Medical Power of Attorney, are not required to have their signatures witnessed at the same time. This resolves a major problem for people wishing to nominate several people who may be separated by distance.

There are three separate guides:

1.‘An explanation of a Medical Power of Attorney and An Anticipatory Direction’ is a leaflet providing background information on the provisions of the act, appointment of a Medical Agent and completion of an Anticipatory Direction. It also outlines completion of an Enduring Power of Guardianship under the Guardianship and Administration Act 1993.

This act covers similar aspects of life and allows the appointment of and Enduring Guardian to make important health and lifestyle decisions, including where you may choose to live when you are legally considered unable to do so. An Enduring Guardian may potentially make a broader range of decisions than a Medical Agent, but in those cases where a person has both a medical agent and an appointed guardian, the medical agent is the one to make the necessary decisions around any medical and dental decisions.

The leaflet also advises on making a Good Palliative Care Plan. This is not a legal document but a guide written by a doctor in consultation with legally appointed agents and/or family members. It covers forms of treatment in the terminal stage of a terminal illness, and records discussions between the patient, their family and medical practitioner.

2. ‘A Guide for Those Completing an Anticipatory Direction’ includes the form and a check-list for completing an Anticipatory Direction.

3. ‘An explanation of the key provisions of the Consent to Medical Treatment and Palliative Care Act 1995 Guide for Health Professionals’ is designed to assist health professionals with issues which may arise under the Consent to Medical Treatment and Palliative Care Act 1995. It provides a summary of key provisions, an explanation of provisions including the duties of the medical practitioner. These include explaining the nature, consequences and risks of proposed medical treatment, the likely consequences of not undertaking treatment, and any alternative treatments.

This guide also covers obtaining informed consent of the patient, emergency treatment, treatment of children, protection from criminal and civil liability, Medical Powers of Attorney and Anticipatory Directions.

SAVES will not be providing copies of these forms which are available from:

Service SA (Telephone 13 23 24) www.service.sa.gov.au

It is recommended that members check with the above departments on the availability of the forms. Copies of Anticipatory Directions and Medical Power of Attorney forms may be downloaded from the above website of Service SA.

For application forms and information:
GUARDIANSHIP BOARD
Level 8, ABC Building
85 North East Rd, Collinswood 5081
Tel (08) 8368 5600
Free Call 1800 800 501
Fax (08) 8368 5699
Office hours: 8.45am - 5pm, Mon - Fri

For general information and advice contact the Office of the Public Advocate
Freecall 1800 066969
Phone 8269 7575 and Fax 8269 7490