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Every day, you make decisions about what you eat, drink, wear, and do. Most of these decisions don’t warrant much thought. But what happens if you are no longer competent to make decisions for yourself?
While you are mentally capable, you can appoint a person (known as the attorney) under an Enduring Power of Attorney in relation to your personal care and welfare. This person can then make decisions about the medical treatment that you may need if you are no longer able to make decisions for yourself.
An Advance Directive (also known as a “Living Will”) is another important document to consider. It can assist by recording, in more detail, the kinds of treatments, drugs or other medical procedures you would or wouldn’t want to be given. It can also go further on matters of end of life care that are important to you, helping to ensure your wishes are adhered to. It cannot however be used to facilitate assisted dying.
Although it is not essential to use a lawyer to make an Advance Directive, it may help ensure that your Advance Directive is respected. To make an Advance Directive, a person must be mentally competent, free from undue influence, sufficiently informed, and they must have intended for the directive to apply to the circumstances at the time of the relevant event or episode.
It’s a good idea to start thinking about this early. Discuss your wishes and intentions with your clinicians and trusted family or support persons now. Seek advice from your lawyer to ensure you have your important legal documents in place. This can help ensure that your wishes are respected should you become unable to make decisions for yourself in the future.
Rika Louw, Solicitor at North Harbour Law
The Code of Health and Disability Services Consumers’ Rights (the Code) states that every consumer has the right to refuse services and to withdraw consent to services.
