This month, About Seniors subscriber, James, is becoming more aware of his own mortality and would like to know how to prepare for this eventuality. How do you make sure that your wishes are successfully communicated and followed?

Q. James
At home we were discussing the question of life support and in the event of a loved one being on life support, is it true that the spouse of that person cannot make the decision to turn it off? Does the decision need to be made by the children or friends of the person on life support?

A. James, well done for addressing the elephant in the room. Despite the inevitability of death, few people take the time to discuss the circumstances which could lead to a loved one having to make difficult decisions.

Firstly, a spouse is often the person who makes the decision about when to switch off life support for their partner, usually after medical advice that no more can be done to help the patient. Even where a couple are separated, but not yet divorced, this can be the case. If the patient’s family do not agree with the decision of the spouse, they can petition via the legal system to have the decision reversed. Of course, there are situations when the spouse has no say in the decision to switch off life support, usually when charged with an act which lead to the patient being in such a situation.

So, you can see the difficulties that can arise.

When grieving for a loved one, it can be very difficult to make a decision with your head, rather than your heart. This is why it is imperative that individuals discuss and document their wishes in a manner that is legally binding. The simplest way to do this is to have an Advanced Health Directive – sometimes known as a living will. This document becomes effective only if you are incapable of making your own decisions about your future health care. It should be in an approved form and should be as specific as possible with regards to treatments, medical conditions and religious or cultural beliefs.

You may also wish to consider granting an Enduring Power of Attorney to someone you trust to make decisions on your behalf. An Enduring Power of Attorney will allow your nominated person(s) to make financial, personal and health decisions on your behalf, (this is only for some states, in WA it only covers financial matters) and will continue in the event that you lose the capacity to make such decisions on your behalf – this is where it differs from a simple Power of Attorney.

If you do not have either of these documents in place, then a court may appoint Statutory Health Attorney to act on your behalf.

As a rule, if you are over 18-years of age and understand what these documents are, then you should have an Advanced Care Directive and an Enduring Power of Attorney in place. It is also useful to let several people know of the existence of such documents. Legalities and forms vary between states and territories and you should contact the Department of Justice, which governs where you live for the correct forms and procedures. To find out more, use the About Seniors simple short cuts to your state or territory below:

QLD
NSW
VIC
TAS
WA
SA
ACT
NT

It is advisable that you seek independent legal advice before appointing an Enduring Power of Attorney or writing an Advanced Living Directive. If you do not have or can’t afford a lawyer, then you should contact the Community Legal Centre in your area, which may be able to help for little or no cost. To find a centre in your area, click on About Seniors simple shortcut.