An Advance Care Directive replaces Enduring Powers of Guardianship, Medical Powers of Attorney and Anticipatory Directions.
It is a single legal document which enables competent adults to appoint one or more Substitute Decision-Makers to make medical decisions on their behalf after they lose mental capacity and to write down their wishes and preferences for future health care, residential, accommodation and personal matters.
Download our brochure “Advance Care Directives”

Your choice of Substitute Decision-Maker might include immediate family members, but need not.

You may nominate more than one guardian to make decisions for you and you may appoint
them:
Jointly – all decisions must be made together.
Jointly and severally – where either of those appointed may effect decisions.
As alternatives – in case of death of a Substitute Decision Maker.
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If you lose mental capacity and have not completed an Advance Care Directive, the Guardianship Board has the power to make an appointment but it may not choose who you would have wished – for example the Public Advocate.
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Your Substitute Decision-Maker cannot make decisions about your finances and assets.

These decisions need to be made by a person appointed under an Enduring Power of Attorney (financial).
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Certain people are prohibited from being appointed your Substitute Decision-Maker.

A person is prohibited from being appointed your Substitute Decision-Maker if they are, in a professional or administrative capacity, directly or indirectly responsible for, or involved in, your medical care or treatment.

You are therefore precluded from appointing your treating doctor as a Substitute Decision-Maker.
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