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FAQs - Advance Directives

What is an Advance Directive?

An Advance Directive is a written or oral directive where a person makes a choice about a possible future health care procedure. It becomes effective only when that person is mentally incompetent.

What sorts of things do people include in an Advance Directive?

Often an Advance Directive is used to make it clear that a person does not want treatment that prolongs life in certain situations. The Advance Directive can set out the particular circumstances in which the person would want treatment withheld or withdrawn, and what that person regards as acceptable or unacceptable.

Will my Advance Directive be followed?

The law around Advance Directives has not yet been tested by the Courts here in New Zealand. Based on UK law, an Advance Directive will likely be followed if:

• The person had enough information about the consequences of their Advance Directive at the time it was made.

• The person's intention was that the Advance Directive applies to the particular situation that arises.

• The person is not influenced by any other person at the time the Advance Directive is made.

• The person was mentally competent at the time the Advance Directive is made.

What is the difference between an Advance Directive and an Enduring Power of Attorney?

An Advance Directive gives a person the decision making power for his or her future healthcare in certain circumstances. This is different to an Enduring Power of Attorney for Personal Care and Welfare, which lets the person appoint someone else to make treatment decisions on their behalf once they become mentally incompetent.

What can I do to make sure my Advance Directive is followed?

There are a few things you can do:

• Record your Advance Directive in writing.

• Give a copy of your Advance Directive to your family, and discuss it with them.

• Get your GP to sign your Advance Directive to confirm you are mentally competent, not being unfairly influenced by someone else, and you had enough information available to you about the consequences of your Advance Directive.

• Give a copy of your Advance Directive to your GP.