Advanced Care Directive
If, due to illness or other reasons, you are not able to decide in respect to your general lifestyle matters, then you are required to have an Advance Care Directive in South Australia or equivalent documents in other Australian States and Territories.
Advance Care Directive is a legal document which enables you to appoint trusted person or persons as your Substitute Decision-Makers and state your wishes in respect to your health, care and accommodation.
In order for an Advance Care Directive to be valid, it must comply with the legal requirements set out in the Advance Care Directives Act 2013 in South Australia or equivalent legislation in other Australian States and Territories. Some of the legal requirements are legal capacity of the person who makes the document and witness requirements for signing the document. For example, an adult person with severe mental illness may no longer have legal capacity to make an Advance Care Directive document.
At DHLMC, we are here to help you make your Advance Care Directive in a cost and time efficient manner. Our lawyer, Dawood has assisted hundreds of South Australians with preparing their Advance Care Directives. In addition to his professional approach and expertise in the area of estate planning, Dawood brings passion and compassion in assisting his clients.
Frequently asked questions
An Advance Care Directive must comply with the legal requirements. Without reviewing your document, it is difficult to say as to whether it complies with all the legal requirements.
Please contact us today to review your Advance Care Directive.
If you have a valid Advance Care Directive, then your Substitute Decision Maker (s) will act on your behalf under the terms of your Advance Care Directive. If you have not made your Advance Care Directive and due to illness, you have no longer legal capacity, your next of kin is required to lodge an application to South Australia Civil Tribunal in South Australia or equivalent jurisdiction in other Australian States and Territories to appoint a guardian.
Please contact us today to review your Advance Care Directive.
No, as long as you have legal capacity, your Advance Care Directive does not affect your power in respect to your general lifestyle matters. However, if you have lost legal capacity due to illness, then your attorney will act on your behalf by providing evidence of your legal incapacity to relevant institutions such as aged care service provides.
Generally, a will must be reviewed every 5 years since the date it is made. However, in the event of change of circumstances such as marriage, divorce or death of a beneficiary or executor, we suggest you meet with an estate planning lawyer to review your will immediately.
Please contact us today to review your Advance Care Directive.
You are still required to have an Advance Care Directive to deal with your wishes in respect to your general lifestyle matters. Your Power of Attorney mainly covers your wishes in respect to your financial matters.