Advance Health Directives: Pros and Cons
Understanding Advance Health Directives
An Advance Health Directive (AHD) is a legally binding document that allows you to outline your medical treatment preferences in case you lose the capacity to communicate or make decisions in future. This ensures that healthcare professionals and loved ones follow your wishes if you become incapacitated due to illness or injury.
AHDs are particularly relevant for individuals with chronic illnesses, those undergoing major surgeries, or anyone who wants to retain control over their future medical care. However, while an AHD provides clarity and legal protection, there are both advantages and potential drawbacks to consider before drafting one.
Learn more: What Is an Advance Health Directive & How Does It Work?
Pros of an Advance Health Directive
Ensures Your Wishes Are Respected
An AHD allows you to specify which medical treatments you accept or refuse, including life-support measures, pain relief, and palliative care. This prevents unwanted interventions and ensures your healthcare aligns with your personal values.
Reduces Burden on Loved Ones
When a medical crisis arises, family members may struggle with making difficult treatment decisions. An AHD removes this uncertainty by providing clear guidance, relieving your loved ones from the emotional burden of deciding on your behalf.
Legally Binding in Western Australia
In Western Australia, healthcare providers must follow the instructions laid out in your AHD. This means that your choices are protected by law, giving you peace of mind that your preferences will be upheld.
Works Alongside an Enduring Power of Guardianship
An AHD focuses solely on medical decisions, whereas an Enduring Power of Guardianship allows a trusted person to make broader lifestyle and healthcare choices for you. Having both documents in place ensures a comprehensive approach to future planning.
Read More: Do You Need an Advance Health Directive?
Cons of an Advance Health Directive
May Not Cover All Medical Situations
While an AHD provides guidance for many foreseeable scenarios, medical advancements and unexpected circumstances may arise that are not explicitly covered in the directive. This can create challenges for healthcare providers when determining appropriate care.
Decisions Can Be Difficult to Predict
Your perspective on medical treatments may change over time, particularly if you develop a condition you had not anticipated when drafting the directive. Regular reviews and updates are essential to keep your AHD aligned with your current wishes.
Family Disputes Can Still Occur
Even with a clear AHD in place, family members may disagree with your decisions or contest their validity. This is why it’s crucial to discuss your choices with loved ones and seek professional legal guidance to ensure the document is correctly drafted and enforceable.
Requires Mental Capacity to Modify
You can change or revoke your AHD at any time, but only if you have the mental capacity to do so. If you become incapacitated, outdated instructions may remain legally binding, which is why proactive updates are essential.
How Bechelet & Co Can Assist
At Bechelet & Co, we specialise in estate planning, wills, and probate law in Perth, Western Australia. Drafting an Advance Health Directive requires careful legal consideration to ensure your wishes are correctly documented and legally enforceable.
We provide specialised guidance on structuring your AHD, ensuring it aligns with your broader estate plan. Additionally, we help clients establish Enduring Powers of Guardianship and Enduring Powers of Attorney to provide a complete strategy for future decision-making.
If you are considering an Advance Health Directive, our team at Bechelet & Co is here to offer trusted legal support.
Discover More: Advance Health Directives in Perth
Final Thoughts
An Advance Health Directive empowers you to take control of your future medical care while providing clarity for your loved ones and healthcare providers. However, it’s essential to weigh the pros and cons, review your directive regularly, and seek legal guidance to ensure it reflects your evolving needs.
For professional assistance with drafting or updating your Advance Health Directive, contact Bechelet & Co today. We are committed to safeguarding your rights and ensuring your estate planning documents are legally sound.
