Introduction

Few have heard of the Advanced Medical Directive (AMD), let alone understand what purpose it serves. To make matters worse, it often gets mixed up with the Lasting Power of Attorney (LPOA). For those who have not even drawn up their wills, it can be quite daunting trying to figure out how and whether the AMD and LPOA are applicable to them. We have since taken an integrated approach towards total legacy planning for our clients by arranging for all 3 separate documents to be signed for those who see the need to cover the various different scenarios that one may encounter in his / her lifetime. We have tied up with doctors who are needed to witness the AMD, thus making total legacy planning a seamless one stop process. We hope this article will help you understand how the AMD works and whether you need one at all.

AMD

An AMD is basically a legal document that you can pre-sign to inform the doctor that he can ‘pull the plug’ in the event that you become unconscious and terminally ill. To be precise, it’s your  pre-signed instructions to the doctor that you do not want any extraordinary life sustaining treatment to be used to prolong your life and to let nature takes its course when you are unconscious and terminally ill.

The rationale behind the AMD is a simple yet  practical one. It saves the family from having to make a difficult decision in situations when it is clear that the patient has no hope of recovery and there is simply no point in continuing treatment which can be financially draining on the family’s resources.

So today, anyone above 21 years of age who has no mental incapacity can sign an AMD in the presence of 2 witnesses, one of which must be a doctor. Both witnesses however, must not have vested interests in the patient’s death e.g. beneficiary under the patient’s will.

The AMD will only be operative in a case where one is unconscious and has contracted a terminal illness. A terminal illness under the AMD Act is defined as an incurable condition where there is no reasonable hope of a recovery (whether temporary or permanent). In such a scenario, the pre-signed AMD directs your doctor not to provide medical treatment which does not cure the illness but can only prolong the process of dying. An example would be the use of a respirator connected to a patient to assist him to breathe. To protect the patient, you will need three doctors, including the patient’s hospital doctor to jointly agree that the patient has a terminal illness.

Conclusion

It is not difficult to appreciate how the AMD can play an important part in one’s legacy planning. After all, with today’s rising medical costs and horror stories of how a prolonged stay in a  hospital’s ICU unit can deplete one’s hard earned savings within a short period of time, it is timely to consider signing an AMD.

We have in fact tied up with doctors who can provide this service for our clients who came to us for legacy planning. Increasingly, we see clients who not only come in to do their wills and arrange for LPOAs but advise on AMDs as well. So if you have not done one, this is a good time to find out more and decide for yourself if you need one.