Who can make decisions regarding my parent's medical care?

Submitted by Emma Hamilton on Wed, 19/08/2009 - 9:58am

Doctors by law have to get consent from a patient before carrying out any proposed medical treatment.

If a person is unable to make a decision regarding medical care due to loss of capacity, consent must be given from the 'person responsible'.

A person responsible is in order of priority:

    •    An appointed enduring guardian
    •    A recent spouse or partner/de -facto
    •    An unpaid carer currently providing care
    •    A close relative or friend
(Legal Aid, 2009)

What happens if a parent loses capacity?

We can lose the capacity to make decisions due to illness, injury or age at any time. Unfortunately critical medical decisions often have to be made when a crisis occurs due to severe illness or injury.

To ensure your parent's wishes regarding medical treatment are carried out should they lose capacity or be unable to communicate, your parents must appoint an enduring guardian.

In NSW an enduring guardian is a person who is legally appointed by your parent to make lifestyle and medical decisions on their behalf.

Sometimes people close to you can find it difficult to make significant medical decisions. At times of stress family members can also disagree over medical intervention for an ageing parent.

What is an advanced health care directive?

An advanced health care directive is a document that states your parent's wishes regarding medical treatment should they lose capacity to give consent.

An enduring guardian can use this document as a guide. At a stressful time it can be reassuring knowing you are making decisions that reflect a parent's wishes and preferences.

If a parent has a chronic or terminal illness they may state that in the event of a medical crisis that they do not consent for medical intervention such as Cardio-Pulmonary Resuscitation, assisted ventilation, artificial feeding or hydration.

Your parent should discuss making an advanced health care directive with their doctor. An advanced health care directive must be completed prior to a person losing capacity and kept up to date. It also must be specific and relate to a condition a person has now or one they may develop in the future.

Along with advances in medical treatment your parent's health may change over time. A doctor can help your parent understand complex medical treatments and help them review their advanced health care directive. Keep in mind that your parent may also change their mind over proposed medical treatment.

What happens in an emergency?

Most often important medical decisions need to be made on admission to hospital or a residential aged care facility.

An advanced health care directive needs to be kept in a known spot or with the person most likely to make decisions on your parent's behalf. An advanced care directive must be completed by your parents, a doctor and a witness, preferably a solicitor.

In an emergency hospital or residential aged care staff will need a copy of an advanced care directive or be able to contact your parent's doctor.

It may help if your parents keep in their wallet or purse a card saying that they have an advanced care directive and their doctors contact number.

Your parents may also like to keep a copy of an advanced care directive with their solicitor, family members and enduring guardian.

An advanced health care directive can help you make the best decisions based on your parent's values and wishes regarding future medical care.

You will need to check with your solicitor in your state or Territory about the legal requirements of an advanced care directive.

Helpful resources

To help with organising enduring guardianship visit The Office of the Public Guardian or call 02 9265 3184. You can download the document Enduring Guardianship in NSW: Your Way To Plan Ahead

For information about enduring guardianship visit the Guardianship Tribunal at www.gt.nsw.gov.au

For information about advanced care plans visit the Advanced Care Directive Association Inc at www.advancedcaredirectives.org.au

References

Legal Aid NSW
Who will decide for you if you can't decide for yourself?
www.legalaid.nsw.gov.au

1 comment

portiah wrote 29 weeks 3 hours ago

If the parents are not able to make decisions for him/ herself like if they are likely having dementia or not coherent then the children will be the one to give consent regarding the aging parent's needs. Assisting aging parents can be difficult, but it is a part of life that we all must attend to at some point, and one our own children will likely have to assist us in. You have to help them with money management, estate management, and hospice or residential care. The costs of medical care are insane if you don't have something in place. It's a part of life, and never the most pleasant, but I have to do it,they gave me life. Someday my own kids would do the same for me.