When do you need a Living Will?

A Living Will (also known as an Advance Health Directive in WA) is a formal way to give instructions about your future health care. Here’s what you should know.

January 6, 2022

None of us can predict the future, so it’s best to be prepared for anything. Most people would have a Will (and if you haven’t, you really should get one!), but you should also consider a Living Will.

Health practitioners need your consent before providing medical treatment. However, an illness or injury may mean that you are unable to make a medical treatment decision. In this situation your Advance Health Directive/Living Will, will come into effect. This document can include consent or refusal of consent, of future treatment. Any instructions included must be followed by health professionals .

Treatment includes:

  • Medical
  • Surgical
  • Dental
  • Other health care

To be legally valid, the Living Will/Advance Health Directive must be:

  • Made by a person who is 18 years or older, who is of full legal capacity
  • Written in the form required by the law
  • Signed & witnessed by two authorised persons
  • contain a statement which signals that you have sought legal or medical advice beforehand.

If you have chosen not to make Living Will/AHD, a treatment decision will be made on your behalf if you lose the capacity to make the decision for yourself. It is also important to remember that you can change your mind about an Advance Health Directive – you can either update it or revoke it.

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