For many Australian seniors, important decisions around end-of-life care begin to take greater priority than ever before as the golden years roll in. It is during this time of decision-making that making a living will become extremely crucial.
Otherwise known as an Advance Care Directive, this legally binding document allows you to express your wishes about medical treatment and care. In the event you become unable to make these decisions yourself, a living will informs both relatives and medical providers on how to carry out your health care treatment so that it aligns with your values.
Ultimately, advance care directives enhance the quality of care people receive at the end of their lives. This is why a quality professional aged care facility will put your living will first as their primary guide for your care, ensuring you are treated with the respect and autonomy you deserve.
Read on to explore what a living will involves, how to make one, and how this can provide yourself and your loved ones with a sense of security through changing times.
What is a Living Will?
At its core, a living will records your future healthcare preferences for interested parties to observe and adhere to. In Australia, it is also known as an Advance Care Directive or Planning.
This will summarises decisions around:
- What medical treatments you would accept or refuse in case of serious illness or injury
- What kind of medical care you wish to receive if the need arises
- What health care providers you would prefer to administer said medical treatment and medical care
- Who to appoint as your substitute decision-maker
- And many more crucial areas of your well-being
The living will comes into action when you no longer have the capacity to make or communicate these healthcare decisions for yourself. This can be for any reason, whether it is physical or cognitive barriers to communication.
Ultimately, the will helps convey your wishes around such deeply personal matters, providing you with a sense of security that your autonomy will be upheld no matter the circumstances.
The Difference Between a Living Will and a Last Will
Both a living will and a last will involve communicating and enacting an individual’s wishes around estate planning when they can no longer do so themselves. The key difference between these wills lies in timing and primary focus.
A living will covers decisions on medical treatment, medical care and more while the individual is still alive. This goes into effect once the individual can no longer make decisions regarding their healthcare.
In contrast, a last will is invoked after the individual passes on. It mainly concerns matters of inheritance, property and so on.
Ultimately, a living will encompasses your health while a last will takes care of your inheritable assets. Both wills are crucial in guaranteeing your holistic well-being and way of life.
Who Needs a Living Will?
Creating a living will is a crucial part of advance care planning. This may be particularly beneficial for anyone who believes they may not have the capacity to express how they want their healthcare and medical treatment in the future.
By planning ahead, you can not only grant yourself a sense of security but also those around you as they can easily follow your wishes. Your loved ones will be comforted with the knowledge that they are upholding your desires as they inform carers and medical professionals alike of what you want out of your care.
Priority groups for creating a living will may include:
- Elderly people
- Anyone with chronic progressive and life-limiting conditions
- People approaching the end of life
- Individuals at high risk of medical incidents such as stroke or heart failure
- Anyone with early cognitive impairment
- People who are isolated or vulnerable
Preparing a living will ahead of time ensures that your wishes will be communicated and upheld. While the future may be uncertain, thorough care and planning can help you and your loved ones navigate these times with clarity and support.
When Can a Living Will be Invoked?
For seniors, a living will can be invoked in any circumstance where an individual is no longer capable of giving valid consent.
While details vary between states and territories, living wills can come into effect when a person:
- Falls into a coma
- Loses cognitive function
- Experiences grave injury
- Becomes unresponsive due to illness or disability
- Loses the ability to communicate
You can identify certain points where you may wish for a living will to activate in the document itself. This might be a particular age or stage of medical treatment. Otherwise, an advance care directive can be invoked when certain symptoms or relapse signs occur, which you may also specify in this legal document.
How is Capacity Determined for a Living Will?
According to the Model Mental Health Legislation, a living will is considered valid when the person in question is:
- Capable of understanding the specific elements of a living will
- Able to understand the effects of a living will
- Able to communicate decisions to others involved in the administration of a living will
Professionals involved in your personal care will ensure that the living will is invoked once these circumstances are reached.
What Kind of Aged Care Services May Require a Living Will?
An individual’s personal needs around care will likely determine what kind of aged care services they require in the future. In turn, some of these particular types of services may require a living will ahead of time to ensure an optimal level of care.
Common conditions or aged care services that may require a living will include:
- Palliative care
- Dementia care
- Ageing-in-place
- And many more that focus on individuals with restricted cognitive or physical capabilities
If you receive any of these treatments and are unsure whether a living will is right for you, you are not alone. This is a good opportunity to discuss your options with a trusted aged care professional and work together for the best possible solution.
Benefits of a Living Will
While living wills are not legally mandatory, they offer invaluable agency and control over your future health care. It ensures your values are honoured, providing you with the invaluable peace of mind that your right to specify, accept and refuse medical treatment is made a top priority.
Advance care planning also allows you to arrange for medical care expenses ahead of time. This helps guarantee that you are financially prepared to support your desired health care.
For your loved ones, living wills can ease the burden of decision-making during a crisis or health emergency. They can feel confident enacting your advanced care directive, knowing it is designed in a way that aligns with your values and preferences.
An advance health directive is also shown to improve the quality of end-of-life care. It enhances the communication between you, your loved ones and the medical care team, while also increasing the likelihood your wishes will be known and respected. This way, you can trust your professional aged care team who are now equipped to carry out your wishes with the supportive expertise you deserve.
How to Create a Living Will
In Australia, a ‘living will’ must legally be followed, meaning that no medical professional, family member or friend can override it.
While there are variations between states and territories, living wills in Australia all abide by common law principles. This includes a person’s right to refuse medical treatment now and in the future.
A living will is considered legally valid if:
- You are over 18 years old
- You had sound judgement and a clear mind when you wrote it
- It specifies the medical treatments and health care you would accept or refuse
- It is signed in the presence of at least two (2) witnesses
Witnesses usually include the power of attorney and a registered medical professional (a medical doctor). Neither witness can be someone you have selected as your medical treatment decision-maker.
Creating a living will in Victoria:
As an example of how to create a living will, we will use the state of Victoria. For a living will to be verified in the eyes of the government and medical professionals, you will need to complete the following forms:
These two (2) forms must be filled and signed separately.
Additionally, a Victoria Advance Care Directive can be signed electronically. However, it cannot be witnessed remotely over an audio-visual link. Witnesses must be present in person, whether you sign the document physically or online.
What Should a Living Will Include?
Each Australian state and territory has their own requirements on what a living will should include, but there are standard items that apply nationwide.
You may not require a lawyer to create a living will, but broadly speaking you will need to include:
Your Personal Information
This may include identifying information such as your name, address, date of birth and occupation.
Power of Attorney
A medical or health care power of attorney is a trusted person you select as your substitute decision-maker. They can make choices about your end-of-life care in the event you are unable to do so yourself to ensure your continued well-being and comfort.
Your End-of-Life Care Preferences
This is the most important part of any living will. This is your opportunity to specify what you want to happen during and after a crisis or medical emergency, such as:
- CPR: If you wish to be resuscitated if your heart stops, whether through mouth-to-mouth CPR or a defibrillator. You may also elect to not be resuscitated, which will be respected by medical professionals and other individuals certified to provide CPR.
- Palliative Care and Hospice Care: Your preferences around treatment and end-of-life care, such as decisions around pain medication, invasive testing, passing away at home or elsewhere etc.
- Organ and Body Donations: If you want your organs donated for emergency transplants or your body donated for scientific study.
This is a good time to discuss your living will with your doctor or other trusted medical professionals. They can offer expert advice and information about your health situation, guiding you through what details you should include in your advance care directive.
Once you have completed your living will, the next step is to sign and date it in the presence of your chosen witnesses. You can then make copies of your directive and send them to your family, substitute decision-maker, doctor, residential health care facility, and anyone else you feel is appropriate.
Finally, you can upload your completed will to My Health Record to allow doctors, hospitals and other healthcare providers involved in your care to view your health information. You can also access your My Health Record online at your discretion to make any future changes.
Fulfil Your Living Will with Kew Gardens’ Experienced Care
At its heart, a living will protects your well-being and way of life. In a future where you may no longer be able to advocate for yourself, advance care planning offers clarity and reassurance that your preferences will be respected.
A living will also provides invaluable guidance for loved ones and medical professionals to uphold your wishes and align your end-of-life care with your values. This way, you can always ensure that you receive the best care possible.
At Kew Gardens, your welfare and autonomy are at the core of our services. Through personalised care plans tailored to your specific needs, our friendly team of aged care experts are trained to carefully build your individual plan with your input every step of the way.
Contact us today to discuss your personalised aged care plans, and how to seamlessly weave your living will into your care.