Guardianship and Administration Amendment Regulations 2022 (WA)
17 June 2022 GOVERNMENT GAZETTE, WA 3405 JU302
Guardianship and Administration Act 1990
Guardianship and Administration Amendment
Regulations 2022
SL 2022/102
Made by the Governor in Executive Council.
1. Citation
These regulations are the Guardianship and Administration
Amendment Regulations 2022.2. Commencement
These regulations come into operation as follows
(a) regulations 1 and 2 on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations on 4 August 2022. 3. Regulations amended
These regulations amend the Guardianship and Administration
Regulations 2005.4. Part 4 inserted
After regulation 8 insert:
Part 4 - Transitional provisions for
Guardianship and Administration Amendment
Regulations 2022
9. Advance health directive form during transitional
period(1) In this regulation
commencement day means 4 August 2022;
former regulations means these regulations as in force
immediately before commencement day;
transitional period means the period of 6 months
beginning on commencement day.(2) During the transitional period, each of the following is
the form prescribed for an advance health directive
(a) the form in Schedule 2;
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(b) the form in Schedule 2 of the former
regulations.5. Schedule 2 replaced
Delete Schedule 2 and insert:
Schedule 2 Advance health directive form
[r. 7]
ADVANCE HEALTH DIRECTIVE FORM
This form is for people who want to make an Advance Health
Directive in Western Australia.To make an Advance Health Directive, you must be 18 years or older and have full legal capacity. Your Advance Health Directive is about your future treatment. It will only come into effect if you are unable to make reasonable judgments or decisions at a time when you require treatment.
4 Part 4, marked with this symbol, contains your treatment decisions. If
you choose not to make any treatment decisions in Part 4, then the
document is not considered a valid Advance Health Directive under
the Guardianship and Administration Act 1990.Please tick the box below to indicate that by making this Advance completed
by you.
LI In making this Advance Health Directive, I revoke all prior Advance
Health Directives made by me.
examples, please read A Guide to Making an Advance Health Directive in
This form includes instructions to help you complete your Advance Health
Western Australia. Before you make your Advance Health Directive, you are encouraged to
seek legal and/or medical advice, and to discuss your decisions with
family and close friends. It is important that people close to you know that
you have made an Advance Health Directive and where to find it. Onceyou complete your Advance Health Directive, it is recommended that you:
• store the original in a safe and accessible place and tell your close family and friends that you have made an Advance Health Directive and where to find it
17 June 2022 GOVERNMENT GAZETTE, WA 3407
• upload a copy of your Advance Health Directive to your My Health Record this will ensure that your Advance Health Directive is available to your treating doctors if it is needed • give a copy of your Advance Health Directive to health professionals regularly involved in your health care (for example, your General Practitioner (GP), a hospital you attend regularly, and/or other health professionals involved in your care). This form must be completed in English. If English is not your first language, you may need help to understand and complete this form. Contact the National Accreditation Authority for Translators and
Interpreters for help.
PART 1: MY PERSONAL DETAILS
You must complete this part
You must complete This Advance Health Directive is made under Part 1. the Guardianship and Administration Act 1990
Part 9B on the of You must include the
('y) (month) (year)
date, your full name,
date of birth andby address. (name) Full name Date of birth Address WA
(suburb) (postcode)
Phone number
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PART 2: MY HEALTH
2. 1 My major health conditions
Use Part 2.1 to list Please list any major health conditions below: details about your
major health
conditions (physical
and/or mental).Cross out Part 2.1 if
you do not want to
complete it.
2. 2 When talking with me about my health, these things are
important to me
Use Part 2.2 to Please describe what is important to you when provide information talking to health professionals about your about what is treatment: important to you
when talking about
your treatment.This might include: • How much you like to know about your health conditions • What you need to
help you make
decisions about
treatment• Whether you like to have certain family members with you when receiving
information from
your health
professionalsCross out Part 2.2 if
you do not want tocomplete it.
PART 3: MY VALUES AND PREFERENCES
This part encourages you to think about your values and preferences relating to your health and care now and into the future. This may help you to decide what treatment decisions you want to make in Part 4: My Advance Health Directive Treatment Decisions.
In this part, you are not making decisions about your future treatment. Use
Part 4 to make decisions about your future treatment.
Cross out any parts that you do not want to complete.
17 June 2022 GOVERNMENT GAZETTE, WA 3409
3. 1 These things are important to me
Use Part 3.1 to Please describe what "living well" means to you provide information now and into the future. Use the space below about what "living and/or tick which boxes are important for you. well" means to you now and into the Please describe: future. This might include: • What the most
important things in
your life are
LI Spending time with family and friends
• What "living well"
means to you LILiving independently
LI Being able to visit my home town, country of Cross out Part 3.1 if
you do not want to origin, or spending time on country
complete it. 11 Being able to care for myself (e.g. showering,
going to the toilet, feeding myself)11 Keeping active (e.g. playing sport, walking,
swimming, gardening)11 Enjoying recreational activities, hobbies and
interests (e.g. music, travel, volunteering)LI
Practising religious, cultural, spiritual and/or community activities (e.g. prayer, attending religious services)
LI Living according to my cultural and religious
values (e.g. eating halal, kosher foods only)11 Working in a paid or unpaid job 3.2 These are things that worry me when I think about my future
health
Use Part 3.2 to Please describe any worries you have about the provide information outcomes of future illness or injury: about things that
worry you about your
future health.This might include: • Being in constant
pain• Not being able to
make your own
decisions• Not being able to care for yourself Cross out Part 3.2 if
you do not want to
complete it.
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3.3 When I am nearing death, this is where I would like to be
Use Part 3.3 to Please indicate where you would like to be when indicate where you you are nearing death. Tick the option that would like to be when applies to you. You can provide more detail you are nearing about the option you choose in the space below. death.
L I want to be at home where I am living at When you are nearing death, do you have a the time
preference of where L1 I do not want to be at home provide more
you would like to details below spend your last days or
weeks? Li I do not have a preference I would like to be wherever I can receive the best care for my
Cross out Part 3.3 if needs at the time you do not want to
complete it. Li Other please specify: Please provide more detail about your choice:
3.4 When I am nearing death, these things are important to me
Use Part 3.4 to Please describe what is important to you and provide information what would comfort you when you are nearing about what is death. Use the space below and/or tick which important to you boxes are important for you. when you are nearing death. Please describe: This might include:
• What would comfort
you when you are
dyingLi I do not want to be in pain, I want my • Who you would like
around you symptoms managed, and I want to be as comfortable as possible Cross out Part 3.4 if (Please provide details of what being you do not want to comfortable means to you) complete it.
Li I want to have my loved ones and/or pets
around me
(Please provide details of who you would like
with you)It is important to me that cultural or religious
traditions are followed
(Please provide details of any specific
traditions that are important for you)
17 June 2022 GOVERNMENT GAZETTE, WA 3411 I want to have access to pastoral/spiritual care
(Please provide details of what is important foryou)
Li My surroundings are important to me (e.g.
quiet, music, photographs)
(Please provide details of what is important for
you)PART 4: MY ADVANCE HEALTH DIRECTIVE
TREATMENT DECISIONS 4
This part of your Advance Health Directive contains treatment decisions
in respect of your future treatment. A treatment is any medical or surgical
treatment (including palliative care or life-sustaining measures such as
assisted ventilation and cardiopulmonary resuscitation), dental treatment,
or other health care.A treatment decision in an Advance Health Directive is a decision to consent or refuse consent to the commencement or continuation of any treatment and includes a decision to consent or refuse consent to the
commencement or continuation of the person's participation in medical
research. This decision applies at any time you are unable to make
reasonable judgments in respect of that treatment.Treatment you consent to in this Advance Health Directive can be provided to you. Treatment you refuse consent to in this Advance Health Directive cannot be provided to you. Your enduring guardian or guardian or another person cannot consent or refuse consent on your behalf to any treatment to which this Advance Health Directive applies.
It is recommended that you discuss your treatment decisions with your doctor before completing this part.
Cross out any parts that you do not want to complete. You MUST make at least one treatment decision in Part 4 to make a valid Advance Health Directive.
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4.1 Life-sustaining treatment decisions 4 Use Part 4.1 to If I do not have the capacity to make or indicate your communicate treatment decisions about my instructions for future health care in the future, I make the following life-sustaining decisions about life-sustaining treatment: treatments. (Tick only one of the following options. If you You can give an overall choose Option 4, complete the table overleaf). instruction or list
individual treatments
Option 1 11 I consent to all treatments aimed at that you consent or sustaining or prolonging my life. refuse consent to receiving in the future. You can also list OR circumstances in which
Option 2 11 I consent to all treatments aimed at you consent or refuse consent to a particular sustaining or prolonging my life treatment,
unless it is apparent that I am so unwell from injury or illness that
Life-sustaining there is no reasonable prospect that treatments are I will recover to the extent that I treatments used to keep can survive without continuous you alive or to delay life-sustaining treatments. In such a your death, situation, I withdraw consent to
life-sustaining treatments.Read all options before making a decision. The options are over two
OR
pages.
Option 3 11 I refuse consent to all treatments Cross out Part 4.1 if aimed at sustaining or prolonging you do not want to my life. complete it. You MUST make at OR least one treatment decision in Part 4 to
Option 4 Li I make the following decisions make a valid Advance about specific life-sustaining Health Directive, treatments as listed in the table
below.
(Tick a box in each row of the
table) OR
Option 5 El I cannot decide at this time
Please complete this table if you have ticked Option 4 above.
If you have ticked Option 1, 2, 3 or 5, do not complete this table.
This table lists some common life-sustaining treatments. Use the boxes to indicate which treatments you consent or refuse consent to receiving. You can also list circumstances in which you consent to treatment. There is
also space for you to add any life-sustaining treatments not listed here.
Tick one box per row in the table below.
If you choose Option B for any treatments, please specify the circumstances in which you consent to the treatment.
17 June 2022 GOVERNMENT GAZETTE, WA 3413
Life-sustaining A. B. C. D. treatment
I consent to I consent to this I refuse consent I cannot this treatment treatment in the to this decide at
in all following treatment in all this time
circumstances circumstances circumstances
CPR L1 L1 L1 Ll
Cardiopulmonary In which circumstances do resuscitation you consent to this treatment? Assisted
ventilationIn which circumstances do A machine that you consent to this treatment? helps you breathe
using a face
mask or tube
Artificial L1 L1 L1 Ll hydration In which circumstances do
Fluids given via you consent to this treatment? a tube into a
vein, tissues or
the stomach
Artificial nutrition
L1
L1
L1
11
In which circumstances do
A feeding tube you consent to this treatment? through the nose
or stomach
Receiving blood
products suchL1 L1 L1 Ll
as a blood In which circumstances do transfusion you consent to this treatment? Antibiotics Drugs that are In which circumstances do used to treat you consent to this treatment? infection Use the boxes below to list any other life-sustaining treatments you do/do not consent to receive:
Other P1 life-sustaining treatment (1)
In which circumstances do
you consent to this treatment? State the
treatment:
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Other Ll 1 life-sustaining
treatment (2) In which circumstances do you consent to this treatment? State the
treatment:
4.2 Other treatment decisions 4 Use Part 4.2 to Health circumstances My treatment decisions indicate your
decisions for other
(non-life-sustaining)
treatments.There are a range of other treatments that may be options for you
in the future. Examples include
treatments for mental
health (e.g.
electroconvulsive
therapy) and drugs
used to prevent certain
health conditions (e.g.
aspirin, cholesterol
treatments).When making a
treatment decision, list
the circumstances in
which you want your
decision to apply (e.g.
in all circumstances, or
specify particular
circumstances).
A treatment decision
only applies in the
circumstances you
specify.Please ensure that you
indicate in the "My
treatment decisions"
column whether you
consent or refuse
consent to any
treatment you refer to.If you need more
space, use the template Li I have made more treatment decisions using in the Guide to Making
the template and attached (spec?Jj.' an Advance Health number ofpages) additional pages. Directive in Western
Australia and attach it
to your Advance
Health Directive form.17 June 2022 GOVERNMENT GAZETTE, WA 3415 Cross out Part 4.2 if
you do not want to
complete it.You MUST make at least one treatment decision in Part 4 to make a valid Advance
Health Directive.
4.3 Medical research 4 Use Part 4.3 to provide treatment decisions about the medical research activities you consent or refuse consent to take part in, and any circumstances in which these decisions apply.
Taking part in medical research may be an option for you even if you are unable to make or communicate decisions.
A treatment decision may include deciding whether to start or continue to take part in medical research. Your involvement in medical research, and any treatments you receive as part of the medical research, must be
consistent with what you have agreed in your Advance Health Directive. participating in medical research only operate while you are alive.
If you do not make a decision about participation in medical research, to how decisions will be made about participation in medical research.
Cross out Part 4.3 if you do not want to complete it. You MUST make at least one treatment decision in Part 4 to make a valid Advance Health Directive.
Please tick a box showing whether you consent to taking part in the listed medical research activities and the circumstances in which you consent. You may lick more than one circumstance for each research
activity.
I consent to taking part in the following circumstances:
I do not consent
Where I Where the Where the Where there require medical medical are no other urgent research may research may treatment treatment to improve my not improve options save my life, condition or my condition or to prevent illness or illness but
RESEARCH serious may lead to a ACTIVITIES damage to better my health, or understanding to prevent of my me suffering condition or or continuing illness in the to suffer future significant
pain and
distress
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The
administration
of LI El LI LI LI pharmaceuticals
or placebos
(inactive drug)The use of equipment or a LI LI L] LI L] device Providing health care that has not yet gained the support ofa substantial LI El 11 El 11 number of
practitioners in
that field of
health careProviding health care to carry out a LI LI LI LI LI comparative assessment Taking blood samples LI El 11 El 11 Taking samples
of tissue or
fluid from the
body, includingLI El LI El LI the mouth,
throat, nasal
cavity, eyes or
earsAny non-intrusive examination of
the mouth, LI LI LI LI LI throat, nasal
cavity, eyes or
earsA non-intrusive examination of
LI
El
11
F-I
11
height, weight
or visionObserving an individual LI LI LI LI LI Undertaking a
survey,LI LI LI LI LI interview or focus group
17 June 2022 GOVERNMENT GAZETTE, WA 3417 Collecting,
using or
disclosing
information, El El L] El L] including personal information
Considering or evaluating samples or information El El LI LI LI taken under an activity listed above
Any other
medicalLl El El El LI research not listed above
PART 5: PEOPLE WHO HELPED ME COMPLETE THIS FORM
5. 1 Did an interpreter help you to complete this form?
Use Part 5.1 to show Tick the option that applies to you: whether an interpreter helped
Option 1 Ll English is my first language I did you to complete this not need to use an interpreter form.
If English is not your Option 2 Li English is NOT my first language first language, you can an interpreter helped me make this use an interpreter to Advance Health Directive and I have help you complete this attached an interpreter statement form. Option 3 Li English is NOT my first language If you use an interpreter to help you I did NOT receive help from an to complete this interpreter to make this Advance
Advance Health Health Directive Directive, you and your
interpreter should
complete the
interpreter statement
provided in A Guide to
Making an Advance
Health Directive in
Western Australia and
attach it to your
Advance HealthDirective.
Cross out Part 5.1 if
you do not want to
complete it.
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5. 2 Have you made an Enduring Power of Guardianship (EPG)?
Use Part 5.2 to indicate Tick the option that applies to you: whether you have made
an Enduring Power of
Option 1 Li I have NOT made an Enduring Power Guardianship (EPG) of Guardianship and provide details if
relevant. Option 2 Li I have made an Enduring Power of
An Enduring Power of Guardianship Guardianship allows
you to name and
legally appoint one orMy EPG was made on: more people to make decisions about your (y) (month) (year) lifestyle and health care My EPG is kept in the following place (be as specific if you lose capacity. as possible): A person you appoint to make decisions on your behalf is called an
I appointed the following person/s as my
enduring guardian. enduring guardian. An enduring guardian
Name Phone cannot override decisions made in your Joint enduring guardian (if appointed): Advance Health
Name Phone Directive. Cross out Part 5.2 if Substitute enduring guardian (if any): you do not want to
Name Phone complete it. Other substitute enduring guardian (if more than one):
Name Phone 5.3 Did you seek medical and/or legal advice about making this
Advance Health Directive?
Use Part 5.3 to Medical Advice - tick the option that applies to indicate whether you you obtained medical
and/or legal adviceOption 1 Li I did NOT obtain medical advice
before making this about the making of this Advance Advance Health Health Directive.
Directive and provide
details if relevant.Option 2 Li I DID obtain medical advice about
You are encouraged the making of this Advance Health (but not required) to Directive. seek medical or legal advice to make an I obtained medical advice from: Advance Health Name Directive. Phone Cross out Part 5.3 if you do not want to Practice complete it. Legal Advice - tick the option that applies to you
17 June 2022 GOVERNMENT GAZETTE, WA 3419
Option 1 Li I did NOT obtain legal advice about the making of this Advance
Health Directive.
Option 2 Li I DID obtain legal advice about the
making of this Advance Health
Directive.
I obtained legal advice from:
Name
Phone
Practice
PART 6: SIGNATURE AND WITNESSING
You must complete this Part
• You must sign this Advance Health Directive in the presence of two (2) witnesses. If you are physically incapable of signing this Advance Health Directive, you can ask another person to sign for you. You must be present when the person signs for you.
• Two (2) witnesses must be present when you sign this Advance Health Directive or when another person signs for you. • Each of the witnesses must be 18 years of age or older and cannot be you or the person signing for you (if applicable). • At least one of the witnesses must be authorised by law to take statutory declarations. • The witnesses must also sign this Advance Health Directive. Both witnesses must be present when each of them signs. You and the person signing for you (if applicable) must also be present when the witnesses sign.
• If you need to use a marksman clause to sign this Advance Health Directive, you should complete the marksman clause template provided in A Guide to Making an Advance Health Directive in Western Australia and attach it to your Advance Health Directive. YOU MUST SIGN THIS FORM IN THE PRESENCE OF TWO (2) WITNESSES. BOTH WITNESSES MUST BE PRESENT WHEN
YOU SIGN THIS FORM. THE WITNESSES MUST SIGN IN EACH
OTHER'S PRESENCE.
Signed by:
(signature ofperson making this Advance Health Directive)
Date: I I (day) (month) (year)
OR
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Signed by:
(insert name of person who the maker of Advance Health Directive
has directed to sign)
in the presence of, and at the direction of
(insert name of maker of Advance Health Directive)
Date: / / (day) (month) (year)
Witnessed by a person authorised by law to take statutory declarations:
Authorised witness's signature
Authorised witness's full name
Address
Occupation of authorised
witness
Date / /
(day) (month) (year)
And witnessed by another person:
Witness's signature
Witness's full name
Address
Date / /
(day) (month) (year)
V. MOLAN, Clerk of the Executive Council.
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