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Advance Care Directive Case Summary

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This short case study has a significant range of legal and ethical principles which contribute to the outcome of the outcome if Marion will continue or abandon treatment. The team who is treating Marion must refer to the Advance Care Directive and ensure they follow this carefully to ensure Marion’s best wishes. This is because an Advance Care Directive is a legal form for adults over the age of 18, in scenarios in which a person has impaired decision-making capacity, the Advance Care Directive will have instructions, vales and wishes for future health care. (http://www.sahealth.sa.gov.au/wps/wcm/connect/045059804459d8048921ab76d172935c/ACD+Fact+Sheet+PC+20140613.pdf?MOD=AJPERES&CACHEID=045059804459d8048921ab76d172935c) Marion’s parents state …show more content…
Although, Tom is 19 and is older than the legal age to be a substitute decision maker, he is unable to act upon Jess’ behalf and order the blood transfusion to go ahead. (http://www.advancecaredirectives.sa.gov.au/upload/home/Current_ACD_Guide.pdf pg 2). This is because Jess is not over the age of 18 and in the eyes of the law she is incompetent to give consent and considered a ‘minor’ resulting in requiring a parent or legal guardian to consent on their behalf. (LAW AND ETHICS BOOKpg99-100) Due to the nature of this scenario the decision is what Jess’ parents decide is the best treatment option. This is because according the Consent to Medical Treatment and Palliative Care Act 1995 part 1 section 3 ai indicates that a person must be over the age of 16 years to be able to decide freely for themselves to undergo medical treatment or not. (https://www.legislation.sa.gov.au/LZ/C/A/CONSENT%20TO%20MEDICAL%20TREATMENT%20AND%20PALLIATIVE%20CARE%20ACT%201995/CURRENT/1995.26.UN.PDF pg3) However, her parents decision can be overridden due the Consent to Medical Treatment and Palliative Care Act 1995 Division 4, part 12, section ii page 6. …show more content…
Should she lose the capacity to make a decision about her health it is essential that she gets an Advance Care Directive plan written up. An Advance Care Directives will ensure that Kerry’s wishes are upheld as its allows for a Kerry’s instructions, wishes and preferences for future health care to be followed through with. (http://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/about+us/legislation/advance+care+directives+act+2013) This plan will become a guideline as to how health care professionals and health care professionals will treat Kerry in the future should she lose the capacity to make a decision based on her health due to age, illness or injury. (http://mhrm.mhcc.org.au/chapter-5/5f.aspx ) This is because Advance Care Directive plans set out a clear process for dispute resolution and medical outcome and treatment. (http://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/about+us/legislation/advance+care+directives+act+2013) It is stated in the Advance Care Directives Act

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