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How can I get an advance directive?

  • An advance directive is a legal document that contains your preferences regarding your health care, treatment options and other personal matters in the event that you were unable to make those decisions yourself. It is sometimes described as a 'living will.'
  • As an advance directive is a legal document there are several things you should do to ensure that the directive will be effective.
  • First you should speak with those close to you such as your family, friends, doctor and treatment team. It is important that people understand why you are making an advance directive and how it will affect them if it is put into action. If you want specific people to carry out certain tasks for you then it is important that they know this. You may also wish to speak to your lawyer if they are likely to be involved in your plan. A lawyer can also make sure that the advance directive is properly drafted and legally effective.
  • You may want to consider appointing someone to make decisions for you. This is often referred to as appointment of a substitute decision maker. You can appoint such a person by filling in an enduring power of attorney form. A lawyer can also assist you with this task as a power of attorney is a legal document.
  • You must ensure you write your wishes down. Some states and territories have standard forms that you can fill out. If your state or territory does not have a standard form you can make your advance directive in the form of a letter.
  • Either way you must ensure you have signed and dated the document. It must be witnessed by someone capable of doing so. You may like to speak to your doctor and have them write a supporting letter if possible. You should then hand the document out to the relevant people so that it can be put into action if needed.
  • You can use our LegalPlan™ membership to ask lawyers for a Fixed Fee Quote in relation to your mental health law needs.