Advance Care Planning
Advance care planning (ACP) is a process of planning for future health and personal care whereby a person’s values, beliefs and preferences are identified. This can help guide decision-making at a future time when an older person is unable to communicate their decisions. [1]
Ideally, ACP will result in an older person’s preferences being recorded in a legal document known as an Advance Care Directive (ACD). The appointment of a substitute decision-maker can help ensure that preferences are respected. [2]
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Why does ACP matter?
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What is an ACD?
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What is decision-making capacity?
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What is a substitute decision-maker?
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What is supported decision-making?
Undertaking ACP can:
- Ensure future decisions about the care of an older person are more likely to reflect their preferences and values.
- Ensure that the older person’s health professionals are aware of their wishes and preferences. Also, that those who may have to make decisions on the older person’s behalf in future, such as substitute decision-makers, know of the older person’s preferences.
- Assist health professionals and families to have planning conversations.
- Explore issues about the care and death of an older person in a supported way.
- Improve end-of-life care, satisfaction with care provided, and communication with health professionals.
- Reduce the risk of moral distress and conflict at the end of life within families. [3, 4]
An Advance Care Directive is a legal document that a person with decision-making capacity makes about future health care. Depending on the State or Territory, it can be used to:
- make specific decisions about medical treatment, such as refusing life-sustaining treatment
- express preferences and values about medical treatment and care
- appoint a substitute decision-maker. [5]
An Advance Care Directive can only be followed when the person no longer has capacity for the decision, except in the Australian Capital Territory. The ELDAC End of Life Law Toolkit has a factsheet that covers Advance Care Directives in more detail.
Consent must be obtained before a person receives medical treatment or undergoes a medical examination.
A person may consent to or refuse medical treatment if they have decision-making capacity. 'All adults are presumed to have capacity to consent to or refuse treatment, unless it can be shown that they do not. A person will have capacity for a medical treatment decision if they can:
- comprehend and retain the information needed to make the decision, including the consequences of the decision; and
- use and weigh that information as part of their decision-making process.' [6]
The ELDAC End of Life Law Toolkit has a factsheet providing an overview on Capacity and Consent to Medical Treatment.
A substitute decision-maker is a person with legal authority to make a decision on behalf of an older person who does not have capacity to decide. If the older person or a Tribunal has not appointed a substitute decision-maker, the law in each State and Territory sets out who can decide. This is usually a person’s family members or close friends. So long as they have a close and continuing relationship with the person. [7]
The ELDAC End of Life Law Toolkit has a factsheet that provides information on Substitute Decision-Making.
Supported decision-making allows a person who needs support to make their own decision; such as an older person with cognitive impairment. Examples of support include:
- providing information in a format they can understand
- giving the person more time to process and discuss the information with others
- talking through options with them, or
- communicating decisions made by the person to health professionals. [6]
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When to initiate ACP discussions
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Starting a conversation about ACP
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Practical resources
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How to store an Advance Care Plan
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Further assistance
ACP conversations should be:
- Introduced early, when someone enters residential aged care.
- A routine part of ongoing care planning for an older person.
- Reviewed regularly, especially:
- where the older person expresses a wish to update or change their plan
- after an illness, accident, or admission to hospital
- when an illness progresses or someone is deteriorating.
If facilitating discussions about ACP is not within the scope of your role then identify which team members within your organisation undertake these conversations.
Making an Advance Care Directive and ACP is voluntary. An older person can choose not to have a Directive or planning document if they prefer.
Consider:
- The person: Ideally, the older person should be medically stable, comfortable, and accompanied by their substitute decision-maker(s), family or carers.
- The location: Find a space that is private, quiet, and where you are not likely to be interrupted.
- Your approach: Consider simple words that you might use to begin to explore someone’s wishes and preferences. For example: 'We try to talk to everyone who is living here about what they would want if they became very unwell. Have you ever thought about this?'
Other conversation starters and useful information:
There are relevant forms and templates that can be used to support planning. However, forms and requirements vary between states and territories for ACP, ACDs, and appointing substitute decision-makers. Your organisation may also have relevant documents and resources you can use to facilitate ACP.
An ACD can only be followed when the person no longer has capacity for the decision, except in the Australian Capital Territory. The ELDAC End of Life Law Toolkit has a factsheet that covers ACDs in more detail.
ACP documents may be kept with the person, substitute decision-maker(s), their GP, or the residential aged care provider.
In residential aged care, Advance Care Directives/Planning documents should be:
- be stored safely
- be accessible to team members and other visiting service providers involved in decision-making about care
- accompany an older person when transferred to hospital.
Refer to your own organisation’s policies and procedures when considering how to manage Advance Care Directives/Planning documents within your setting. Support the older person in nominating an authorised representative to upload their ACP documents to My Health Record. This portal can be securely accessed when needed.
- Gain a better understanding about Supported decision-making by listening to the ELDAC podcast on this topic.
- View the ELDAC Residential Aged Care Toolkit educational video on Recognise End of Life, which also discusses advance care planning.
- Complete the Conversation Starters (522kb pdf) by ACPA
- Individually, to gain insight into what it might feel like for older people to reflect on these issues.
- In a role play with a colleague, to gain confidence and skills in exploring and facilitating discussion using these prompts.
- Increase your familiarity with ACP documents and legal requirements in your State or Territory.
- Ask to shadow an experienced colleague within your service to observe an ACP discussion with an older person and their family/carers. Reflect on the specific skills used to facilitate this conversation, such as:
- rapport building
- open questions
- active listening
- responding empathically to body language
- responding to emotional cues.
- Review the palliAGED Practice Tips on ACP for Nurses (pdf 317kb) and Careworkers (pdf 434kb). Complete your reflections on the second page.
- Review the Case Study on Alistair’s Advance Care Directive in the ELDAC End of Life Law Toolkit. Consider the points for reflection – either for individual learning, or with colleagues.
- Complete ACPA’s online modules on ACP to increase your knowledge and skills. These modules are designed for health practitioners, care workers, students, individuals, or substitute decision-makers.
- Refer to the ELDAC End of Life Law Toolkit for more practical information about the law at end of life. See Vivian’s story, which highlights the role of the substitute decision-maker in terms of medical decisions and can be used for education and reflection.
- Expand your knowledge about Voluntary Assisted Dying (VAD). This topic can arise during ACP conversations. Remember, VAD cannot be requested through an ACP document, such as an Advance Care Directive. A person’s substitute decision-maker cannot request VAD on a person’s behalf. The ELDAC End of Life Law Toolkit has a comprehensive section on Voluntary Assisted Dying.
- End of Life Law for Clinicians (ELLC) offers a free online training course in aged care. There are case studies and interactive exercises to improve your knowledge and skills when caring for older people at the end of life. This summary (266kb pdf) provides information about the training modules covered and how to register. Module 14 End of Life Law in Aged Care explores common legal issues.
The Important Conversations
CarerHelp
This webpage provides information about having difficult, but important conversations, when someone you are caring for has a life-limiting illness.
Conversation Starters (522kb pdf)
Advance Care Planning Australia
These conversation starters can help families and carers to think about how to begin to talk someone about their values and preferences.