The transition to a new Advance Care Directive form is still clouded by a lack of clarity.
Last month we wrote about the changes to Advance Care Directives.
These forms are still an important part of your estate plan and it is important that they are correctly completed.
They are your opportunity to tell your medical providers what sort of medical treatment you do or do not want, and who you would like to assist in making those decisions.
Through my involvement with the Law Society of South Australia I have helped to forward to the state Government a submission in which we call for clarification and simplification of the process of completing these forms.
Unfortunately to date this submission has been ignored and confusion regarding the validity of forms created in the transitional phase still exists.
The order of signing of documents remains important, unnecessarily so in our opinion however the current health minister has refused to listen to the Law Society’s submissions.
The government’s view is that either the new or the old form is valid, however that may not be the case if it is ever challenged.
Unless and until the government listens to the Law Society’s submission to simplify and clarify matters it remains even more important seek legal advice to ensure that your wishes are respected and you or your substitute decision makers are not tripped up by a technicality.
Call us on 8523 8400 (Gawler) or 8211 6500 (Adelaide) to arrange an appointment for an initial no obligation consultation. Alternatively, send an email to email@example.com and we will contact you.