From 1 July 2014, a new regime was introduced by Parliament replacing the Power of Guardianship, the Medical Power of Attorney and the Palliative Care Direction.

Such documents fully executed prior to 1 July 2014 are still valid. However, from 1 July 2014, if you wish to appoint a person (known as the substitute decision-maker) to make decisions for you concerning your accommodation, medical treatment and lifestyle arrangements, then you are required to complete an Advance Care Directive.

The form for the Advance Care Directive sets out the options available to a person such as refusing to consent to certain forms of medical treatment or the taking of certain medicines. A person can state whether they wish to remain in their home as opposed to being admitted to a nursing home or retirement village.

The Advance Care Directive has no effect when the person dies. Upon death, the executor appointed by the Will administers the estate according to the Will, or if there is no Will, an administrator appointed by the Supreme Court administers the estate according to rules laid down by Parliament.

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