Advance Care Directives — who speaks for you if you can’t?
Advertising Promotion
The Advance Care Planning workshop at the South Australian Death Festival at Centennial Park on October 18 was booked out well before the event, and Kylie Mildwaters of Mildwaters Byrth says it shows South Australians want more information on the topic.
“That tells me something,” Mrs Mildwaters said. “Plenty of South Australians want to talk about how they would like to be cared for when they cannot speak for themselves, and they want a clear way to put it in writing.”
An Advance Care Directive is a legal document recording a person’s wishes for future health care and other personal matters, for the time when they cannot decide for themselves. The directive can appoint family or friends to decide on their behalf while money and property need a separate Power of Attorney.
Without a directive, loved ones may have to ask the South Australian Civil and Administrative Tribunal for a guardianship order.
“It is always unfortunate to see families having to go through this administrative process when they are already dealing with the personal heartbreak of their loved one becoming so ill,” Mrs Mildwaters said.
“It can so easily be avoided.”
On The Adelaide Show podcast, festival organiser Catherine Ooi said a dying person may hold on because they fear leaving their family, until someone reassures them. A written directive speaks to that worry.
“We actually encourage our clients to leave the directive general unless they have specific religious beliefs,” Mrs Mildwaters said. “By leaving it general, you can talk to the people you have appointed and tell them what your wishes are.”
“The trouble is, too many of us do not craft Advance Care Directives early in our lives when we are in full charge of our faculties,” she said. “Do not put this off until tomorrow.”
Mildwaters Byrth prepares Advance Care Directives and Enduring Powers of Attorney, usually alongside a will. Readers can contact the firm to book a consultation, and the earlier the better.
This article provides general information only and is not legal advice. Every family is different, so please speak with Mildwaters Byrth about your own situation.
