This is usually someone close to you, such as your spouse or partner, family member or close friend. If you cannot make decisions for yourself (lose capacity), and you do not have an advance care directive or an appointed substitute decision- maker, the law in each state and territory outlines who may make medical treatment decisions for you. What happens if you don’t have a substitute decision-maker Depending on your state or territory, the documents used to appoint a substitute decision-maker may be called a different name. They do not necessarily have to be a family member. Your substitute decision-maker should be someone you trust and who understands your values and what you want for any future care. This person is called a substitute decision-maker. ![]() You can organise for someone to make legal, financial and/or medical decisions on your behalf if you become too unwell (lose capacity) to make these decisions yourself. Any will can be challenged in court, but having a valid will usually means your assets go to who you want, avoids costs, and simplifies things for family. Your assets are distributed to family according to a formula provided by law. If you die without a will, you are said to die intestate. Cancer Council may be able to connect you with a lawyer. It is best to ask a lawyer to advise you, or contact the Public Trustee in your state or territory. A will should be reviewed and updated as circumstances change. Making a will is not difficult but it needs to be prepared and written in the right way to be legally valid. A will can record your wishes and guardianship plans for any children. These assets are called your estate, and may include your house, land, car, money, jewellery, clothes, furniture or investments. For more information, talk to your doctor or a lawyer.Ī will is a legal document that sets out what you want to happen to your assets after you die. In general, having capacity means you are able to understand the choices available and the consequences of your decisions, and that you can communicate these choices.Įach state and territory has different laws about what having capacity means (officially), and also about making an advance care directive and about appointing a substitute decision-maker. If you have not already done so, now is the time to think about what legal documents you need, such as making a will, appointing a substitute decision-maker and preparing an advance care directive.įor these documents to be legally binding, you need to be an adult and have decision-making capacity at the time of making them, so complete them early if possible.
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