EPOA vs. AHD: Understanding the Difference
Making sure your legal documents reflect your wishes is crucial, especially when it comes to understanding the difference between an Enduring Power of Attorney (EPOA) and an Advanced Health Directive (AHD). Both documents are vital for managing your affairs if you can’t make decisions for yourself, but they serve different purposes.
What are EPOA and AHD?
In Queensland, both EPOA and AHD are forms issued by the Department of Justice and Attorney General. They play unique roles in your estate planning.
Enduring Power of Attorney (EPOA)
An EPOA lets you appoint someone to make decisions about your health and finances whilst you are alive but unable to make those decisions. This authority can start immediately or, preferably, when a medical professional determines you are incapacitated. While an EPOA can include wishes about your healthcare, it is designed to cover both health and financial matters comprehensively.
In an EPOA, additional clauses are often included to address specific financial decisions and the process of regaining decision-making capacity. These customisations help prevent conflicts of interest and ensure your wishes are carried out effectively.
Advanced Health Directive (AHD)
An AHD focuses solely on your healthcare wishes. It's ideal for individuals with specific medical preferences or those who are terminally ill. This directive outlines your preferences for medical treatments and interventions, including life-sustaining treatments like CPR, assisted ventilation, artificial nutrition, and hydration.
To complete an AHD, you must discuss the contents with your doctor. Your doctor will sign a certificate confirming that you have made the directive freely and voluntarily after receiving proper medical advice. This ensures your health care decisions are well-informed and clearly documented.
Key Differences
Scope: EPOA covers both health and financial decisions, while AHD focuses exclusively on health care.
Detail: AHD provides specific instructions for medical treatments and end-of-life care, whereas EPOA includes broader health and financial directives.
Activation: EPOA can be activated immediately or upon incapacity, while AHD requires a doctor's certification of your capacity to make the directive.
Working Together
When you have both an EPOA and an AHD, health decisions are covered by the AHD, and financial matters are handled by the EPOA. This way, both documents complement each other, ensuring all aspects of your estate planning are covered.
Who Needs an AHD?
Not everyone needs an AHD, but it is particularly beneficial for:
Individuals with Specific Medical Preferences: Those who have clear ideas about their medical care.
Terminally Ill Patients: Individuals who want to document their end-of-life care preferences.
Elderly Clients: Those who have experienced severe medical events like strokes or heart attacks and want to avoid resuscitation.
Final Thoughts
Understanding the difference between an EPOA and an AHD is crucial for effective estate planning. While both forms are available from the Department of Justice and Attorney General, it's essential to consult a solicitor to ensure these documents are tailored to your specific needs.
Need help with your EPOA or AHD? Schedule a consultation with us at Vicca Law today. Let's ensure your wishes are clearly documented and provide you with peace of mind.