The Advance Care Directive document enables a person to appoint a friend, family member or another trusted person to make personal decisions including care, accommodation and medical treatment should mental competence be lost or there is an inability to communicate in the future. The appointed person has a responsibility to make decisions as closely as possible to the wishes of the person and not from their own perspectives and values.
When preparing your document your values, wishes and any other aspects that should be taken into consideration by your appointed person can be clearly documented. This is an important document to draft with your will.
Enduring Power of Attorney (EPA) with your will?
The EPA document allows you to appoint a friend, family member or other trusted person to make financial decisions on your behalf.
What happens if there is no Advance Care Directive or Enduring Power of Attorney?
If there is no Advance Care Directive or an Enduring Power of Attorney the South Australian Civil and Administrative Tribunal (SACAT) may appoint guardians and/or administrators to make personal and financial decisions for that individual. This can be a relative, friend or the Public Advocate/Public Trustee.
What happened to Enduring Power of Guardianship, Medical Power of Attorney (MPA) and Anticipatory Direction?
The Advance Care Directive Act 2013 came into effect on 1st July 2014.
This Act combined these documents in a single Advance Care Directive. These documents however continue to be valid if executed before 1 July 2014.
What is the role of the South Australian Civil and Administrative Tribunal (SACAT)
SACAT has replaced the Guardianship Board and it can if required appoint a guardian to make decisions for a person with mental incapacity including those related to medical treatment, accommodation, health and lifestyle. The board may also appoint an administrator if required to manage the incapacitated person’s money, legal and business affairs.
At Williams Barristers and Solicitors these two documents can be completed in conjunction with your Will so that you will have all of these important documents legally coordinated, signed, witnessed and stored for you if that is your wish.
Call Williams Barristers and Solicitors, expert Adelaide Will Lawyers now to discuss your needs. We will draft these documents along with your will to ensure you have a complete package.