Planning with Confidence: Clarity Before Crisis

Advance care directives are essential tools in dementia care. They allow individuals to clearly communicate their wishes about medical treatment, lifestyle preferences, and spiritual considerations before cognitive decline limits their ability to decide.

However, not all directives are legally valid in every context. Understanding the legal validity of different advance directives helps families, carers, and medical teams deliver care that honours the person’s voice—safely, ethically, and lawfully.

With the help of digital tools like Evaheld, families can not only document these wishes, but store them securely in the Evaheld Legacy Vault for instant access when needed most.

What Is an Advance Directive?

An advance directive is a legal document that outlines a person’s healthcare preferences in the event they’re no longer able to make decisions for themselves.

It may include:

• Refusal of specific treatments (e.g. CPR, ventilation)
• Wishes for palliative care or pain management
• Cultural or spiritual care preferences
• Nomination of a substitute decision-maker or enduring guardian
• Preferred care setting (e.g. home vs hospital)

Advance directives come in various forms, depending on your region and its legal framework.

As Advance Care Planning Australia explains, these directives should be written, signed, witnessed, and made available to all relevant parties.

Types of Advance Directives—and Their Legal Standing

1. Statutory Advance Health Directives

In many Australian states and the UK, formal advance care documents—such as the Advance Health Directive—are legally binding when:

• The person had capacity at the time of signing
• The document clearly states specific treatment preferences
• It is properly witnessed and signed

These documents take precedence over verbal statements made later, once capacity has been lost.

Statutory directives should always be included in estate and care planning documentation and stored in digital repositories like Evaheld.

2. Common Law Directives

These are less formal but still recognised by courts in many jurisdictions. A written or verbal statement about care preferences may be legally upheld if:

• It was made while the person had capacity
• It directly applies to the current medical situation
• It is consistent with other known wishes

While valid, these are more vulnerable to dispute. Uploading them to the Evaheld Legacy Vault adds timestamped security and makes updates traceable.

3. Values-Based Care Plans

These are not legally binding, but they help guide decision-making. They include:

• Statements about beliefs, values, and lifestyle
• Preferences for who should visit
• Food, music, or ritual wishes
• Instructions from tools like Family Legacy Series

Though not enforceable, they provide crucial context for carers and health professionals when making decisions on behalf of someone with dementia.

The Evaheld blog shares examples of how values-based planning improves emotional and spiritual care at all stages.

Why Legal Validity Matters in Dementia Care

Without a clear and legally valid directive:

• Families may disagree about care decisions
• Medical teams may default to emergency intervention
• Cultural or religious wishes may be overlooked
• The person’s own preferences may never be known

As Dementia Support Australia recommends, legal clarity prevents conflict and protects dignity. It also reduces stress for carers and substitute decision-makers.

How to Ensure Your Directive Is Valid

1. Use official state-based templates where available
2. Include specific instructions, not just general preferences
3. Ensure the person signing has mental capacity
4. Have it witnessed correctly (requirements vary by state or country)
5. Store it safely and accessibly (e.g. with Evaheld)
6. Inform your GP, care home, and legal representative

Don’t leave these documents in a drawer. Upload to the Evaheld Legacy Vault and share with family, carers, and health teams.

Nurse Info provides detailed guidance on implementing advance directives in care settings.

What Happens If There’s No Advance Directive?

In most regions, healthcare professionals will turn to:

• Next of kin
• Enduring guardian or power of attorney
• Medical ethics committees in complex cases

The lack of a directive may result in care decisions that go against the person’s beliefs, especially in emergencies.

The Online Will Blog outlines the legal and emotional risks of delaying directive creation.

Involving the Person With Dementia

Advance directives should be made while the person:

• Understands the nature of the document
• Can reflect and decide on treatment options
• Feels emotionally supported by carers and family

You might also record a video message of the person explaining their choices, adding emotional clarity for future reference. This can be stored securely within Evaheld.

Reviewing and Updating Your Directive

Update your directive if:

• Health status changes
• New treatments become available
• Personal values shift
• Family roles or decision-makers change

Like a will, it’s not a “set-and-forget” document. Use tools like Evaheld to track changes and make sure only the latest version is in use.

Final Thoughts

A legally valid advance directive is one of the greatest gifts a person can give their future self—and their family. It offers clarity, confidence, and compassion in the most challenging moments.

With the help of secure, modern tools and open conversations, your legacy of care can be honoured exactly as you intended—both in the letter of the law and in the hearts of those you love.