Advance care directives in SA explained
An ACD records your wishes for medical and lifestyle care if you can't speak for yourself. Here's how SA ACDs work.
An advance care directive (ACD) in South Australia is a legal document under the Advance Care Directives Act 2013 (SA) that records your wishes for medical, dental, and lifestyle care if you lose capacity to make decisions yourself. It can also appoint a substitute decision-maker to give consent on your behalf.
What an ACD covers
Medical treatment (including consent and refusal), dental care, lifestyle decisions (where you live, how you're cared for), end-of-life care preferences (CPR, feeding tubes, palliative care), and values and beliefs that should guide decisions about your care.
Substitute decision-maker (SDM)
Most ACDs appoint one or more SDMs to make decisions on the testator's behalf. The SDM must act in accordance with the testator's instructions and values as recorded in the ACD. Multiple SDMs can act jointly or severally.
Legal effect
Under the Act, hospitals, doctors, and other healthcare providers must follow a valid ACD. They must also follow decisions of the SDM within the scope of the ACD. Treatment given against a valid ACD can constitute assault.
Witnessing
SA ACDs must be witnessed by an authorised witness under the Act – lawyers (including Sam), JPs, and certain health professionals. The witness certifies capacity at signing and confirms the testator understood the document.
Review and update
Review every 3 years or when health circumstances change. A new ACD replaces the old. Distribute copies to your GP, family, and any care facility.
Summary
An ACD records your wishes for medical and lifestyle care if you can't speak for yourself. Here's how SA ACDs work.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our advance care directive service, or book a consultation.
Related reading
- How to complete an SA advance care directive form
- Advance care directive vs enduring power of attorney
- Advance care directives service
Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.