What is the difference between a living will and an Advance Health Directive?
Under the common (or judge made) law, it is possible to make a “living will”. This is a general term for a written statement made in advance regarding the person’s wishes with respect to future treatment. An AHD is a specific type of “living will” which is recognised by legislation. The Act enshrines the enforceability of the AHD, subject to certain safeguards, and provides protections for health professionals who take treatment actions in good faith. If you have doubts about the validity of a “living will”, or the person has made both a “living will” and an AHD and they are inconsistent with each other, it is recommended that you obtain legal advice.
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