Advanced Health Care Directives vs Enduring Guardian – what is the difference and which one should I have?
In New South Wales, an Advanced Health Care Directive and an Enduring Guardian are two different legal documents that allow individuals to plan and make decisions regarding their future health and personal care. While both documents relate to medical treatment and decision-making, they have distinct differences in their scope and purpose.
Advanced Health Care Directives
An Advanced Health Care Directive, also sometimes known as a “Living Will”, is a legal document that outlines an individual’s wishes and instructions regarding medical treatment and care in case they become unable to make decisions for themselves. It allows individuals to specify the types of medical treatments they would like to receive or refuse, as well as their preferences for end-of-life care.
Advanced health care directives are typically used to guide health care providers and family members when making decisions about medical treatment in critical situations. These directives can cover a wide range of medical interventions, including resuscitation, life-sustaining measures, and palliative care. It is important to note that Advanced Health Care Directives are legally binding in New South Wales.
Enduring Guardian
On the other hand, an Enduring Guardian is a legal appointment that grants authority to a trusted person, known as a Guardian, to make decisions about an individual’s personal, health and lifestyle matters when they are unable to make those decisions themselves.
Unlike an Advanced Health Care Directive, an Enduring Guardian is not focused solely on medical treatment decisions but also encompasses various aspects of personal care. This includes decisions about accommodation, health care, diet, and daily living arrangements.
Enduring Guardians are generally responsible for advocating for the individual’s best interests and ensuring that their preferences and values are respected. It is crucial to note that an Enduring Guardian’s decisions must always be made in the individual’s best interests and within the boundaries of the law.
It is best to have both an Enduring Guardian and an Advanced Health Care Directive. If it is your preference to only have one or the other, we recommend that it is an Enduring Guardian. This is because your trusted Guardian is able to make holistic decisions regarding all of your health and lifestyle needs, rather than just your medical decisions.
Contact Tiyce & Lawyers today to discuss with one of our experienced Estate Planning solicitors preparing an Enduring Guardian and an Advanced Health Care Directive.
