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9.2 AHD


Process

  1. Principal must be present with ID, make note of any attorney(s) present
  2. You may wish to note start time and end time to calculate duration of interview.
  3. Have you previously made an AHD? If yes, has the previous AHD been destroyed?
  4. Do you have a medical condition that impacts your decision making ability? Is there a medical certificate supporting your case?
  5. Has another JP viewed this document and declined to witness?
  6. Do you have an EPA in which you appointed a personal/health attorney? Are you aware this AHD takes precedence?
  7. Check that Section 5  has been completed by the medical practitioner and the Principal.
  8. If an attorney has previously been appointed in an EPA, then Section 6. should be completed.
  9. If an attorney has not been previously appointed or the Principal wishes to appoint a new attorney for personal/health matters, the Section 7 should be completed.
  10. Ask questions from this list and note question number and answer in your log book. For example, Q1, 3-5 answered well, Q2, 6 needed elucidation. See the correct answers:
    1. What is an AHD?
    2. Why do you want an AHD? When should it be made and what happens if you don't make one?
    3. What does an AHD cover?
    4. What about your views and wishes?
    5. What can a personal/health attorney do if you appoint one?
    6. Can you change your AHD?
  11. Principal signs the AHD, JP witnesses signature
  12. JP completes the Witness Certificate page with signature, name, date, seal/registration number
  13. Attorneys present may elect to sign, but their signature is not witnessed
  14. Make detailed notes in log book, particularly on whether the principal had capacity to make the AHD and the attitude of any attorneys present

Notes

  • Advise the principal to keep the original in a safe place and give a copy of their AHD to their personal/health attorney, GP, family members/friends
  • Advise the principal that copies of an AHD must be certified according to legislation. See 06 Certified Copies.
  • If a person has a physical disability which prevents them from signing there is provision for another person to sign on their behalf (Section 8 AHD Form 4).
  • The AHD makes provison for the appointment of attorneys for personal/health matters if the principal does not have an EPA.
  • If the JP declines to witness the AHD then refer the principal to the Office of the Public Guardian.
  • The principal, provided they have capacity, may change or cancel an AHD at any time. Every two years or when health deteriorates the AHD should be reviewed. All written changes should be witnessed.