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Transcription:

10.1071/AH16234_AC CSIRO 2018 Australian Health Review 42(3), 266-271 Supplementary Material Community knowledge of law at the end of life: availability and accessibility of webbased resources Ben White 1,6 DPhil, LLB (Hons), Professor Lindy Willmott 1 PhD, LLM, LLB (Hons), BCom, Professor Cheryl Tilse 2 PhD, GCEd, BSocWk, BA, Associate Professor Jill Wilson 2 PhD, GCEd, MSW, BSocSt, Professor Deborah Lawson 3 PhD, LLB, BA, Legal Policy Advisor Angela Pearce 4 BSocSc (Hons), Quality and Evaluation Manager, Jeffrey Dunn 5 PhD, MSPD, BSc, Associate Diploma in Community Studies, Professor Joanne F. Aitken 5 PhD, MSc, BSc(Hons), Professor Rachel Feeney 1 PhD, CPSP, BSpPath, CertTESOL, Senior Research Assistant Stephanie Jowett 1 LLB (Hons), Senior Research Assistant 1 Australian Centre for Health Law Research, Queensland University of Technology, GPO Box 2434, Brisbane, Qld 4001, Australia. Email: l.willmott@qut.edu.au; rachel.feeney@qut.edu.au; s.jowett@qut.edu.au 2 School of Nursing, Midwifery and Social Work, The University of Queensland, Brisbane, Qld 4072, Australia. Email: c.tilse@uq.edu.au; wilsonj@uq.edu.au 1

3 Cancer Council of Victoria, 100 Drummond Street, Carlton, Vic. 3053, Australia. Email: deborah.lawson@cancervic.org.au 4 Cancer Council New South Wales, PO Box 572, Kings Cross, NSW 1340, Australia. Email: angelap@nswcc.org.au 5 Cancer Council Queensland, PO Box 201, Spring Hill, Qld 4004, Australia. Email: jeffdunn@cancerqldorg.au; JoanneAitken@cancerqldorg.au 6 Corresponding author. Email: bp.white@qut.edu.au 2

Appendix S1 Scenarios in email to participants To prompt queries about ACP Scenario 1: You have been diagnosed with a terminal illness. You want to plan your future health care and treatment so that if you were later unable to make decisions for yourself, you could ensure your wishes were followed. What internet search would you use to find out more about this topic? To prompt queries about substitute decision-making Scenario 2: Your elderly mother is critically ill in hospital and does not have long to live. Decisions need to be made about her medical treatment, but you are worried about what will happen if she becomes too unwell to make those decisions for herself. What internet search would you use to find out more about this topic? To prompt queries about disputes and rights Scenario 3: Your partner is in a coma in the Intensive Care Unit and their doctors want to discontinue life support. You disagree because you know your partner would want every opportunity to live. What internet search would you use to find out more about your options? 3

Appendix S2 Lay search employed in the pilot phase and main exercise disagreeing with turning off life support Australia enduring power of attorney health decisions elderly health decisions relatives health directive how do I get power of attorney and how do I get to make medical decisions legality of life support medical options making decisions for someone who is terminally ill and unable to make decisions australia making end of life decisions making health plan for future incapacity australia next of kin terminally ill medical treatment plan power of attorney power of attorney for health decisions power of attorney information power of attorney life support power of attorney medical healthcare decisions, elderly power of attorney medical healthcare decisions terminal terminal illness legislation terminal illness legislation australia terminal illness medical treatment plan legal responsibility terminal illness policy NSW/Vic/Qld terminal illness power of attorney what to do if a person who is dying cannot make own health decisions 4

coma decisions appeal healthcare life support duty of care decision making for family members whilst sick in coma discontinue life support options discontinue life support without consent do I need to use a lawyer health aging health decisions for mother how do i make a will intensive care decisions life support decisions life support legislation making decisions for loved ones medical treatment decision making for family members whilst terminally ill right to live coma life support rights of partner in coma on life support terminal illness health requests terminal illness options terminal illness plan wills and deceased estates wills terminally ill Note: Underlined were retained in the main exercise; the others were discarded because the pilot indicated they failed to retrieve relevant results. 5

Appendix S3 Expert search employed in the pilot phase and main exercise advance care planning NSW/Vic/Qld advance health directives NSW/Vic/Qld end of life consent NSW/Vic/Qld end of life law NSW/Vic/Qld guardianship law NSW/Vic/Qld legal rights end of life NSW/Vic/Qld medical decisions NSW/Vic/Qld patient rights medical decisions NSW/Vic/Qld substitute decision making law NSW/Vic/Qld terminal illness medical decision NSW/Vic/Qld palliative care law NSW/Vic/Qld * withholding withdrawing treatment law NSW/Vic/Qld * withdrawing treatment Qld withholding treatment Qld Note: * Included in main exercise only. Underlined were retained in the main exercise. 6

Appendix S4 Websites identified containing resources on end-of-life law Differences between expert and lay search State and Author of Website Number of searches that identified the website Lay search Expert search Queensland Government and Statutory Bodies Queensland Government: Power of Attorney and 14 9 Making Decisions for Others Office of the Public Guardian (Queensland) 11 18 The Public Trustee (Queensland) 4 1 Legal Aid Queensland 3 2 Queensland Ambulance Service* 1 2 Queensland Health: Advance Care Planning Online 0 9 Queensland Civil and Administrative Tribunal (QCAT) 0 1 33 42 Diagnosis-specific Organisations Start2Talk Queensland (Alzheimer s Australia) 0 2 Synapse (Brain Disorders organisation) 0 2 0 4 7

State and Author of Website Number of searches that identified the website Lay search Expert search Legal Organisations Health Practitioners (Slater and Gordon)* 2 1 Queensland Public Interest Clearing House* 0 2 2 3 Other Advance Care Planning Australia (Queensland) 4 5 Find Law Australia 1 0 5 5 Searches that identified Queensland websites 40 54 New South Wales Government and Statutory Bodies NSW Government: Planning Ahead 6 2 NSW Trustee and Guardian 5 0 NSW Health 2 3 State Library NSW: Legal Answers 2 0 Legal Aid NSW 2 0 NSW Department of Finance and Services 2 0 8

State and Author of Website Number of searches that identified the website Lay search Expert search NSW Health: End of Life Decisions, the Law and Clinical 1 8 Practice* Office of the Public Guardian (NSW) 0 5 NSW Attorney-General s Department 0 2 New South Wales Civil and Administrative Tribunal 0 2 (NCAT) Central and Eastern Sydney Primary Health Care 0 1 Network* 20 23 Diagnosis-specific Organisations Mental Health Coordinating Council 1 9 Motor Neuron Disease NSW 0 3 Start2Talk New South Wales (Alzheimer s Australia) 0 1 1 13 Legal Organisations Health Practitioners (Slater & Gordon)* 1 4 Foolkit (Minotaur Law) 0 1 1 5 9

State and Author of Website Number of searches that identified the website Lay search Expert search Other Advance Care Planning Australia (NSW) 7 13 Carers NSW 4 1 Dying with Dignity NSW 2 6 Emeritus Professor Colleen Cartwright 1 1 Palliative Care NSW 0 2 Family Law Express 0 1 Life Circle 0 1 14 25 Searches that identified NSW websites 36 66 10

Number of searches that State and Author of Website identified the website Lay search Expert search Victoria Government and Statutory Bodies Office of the Public Advocate (Victoria) 14 6 Legal Aid Victoria 2 3 Victoria Health 1 15 Better Heath Channel Victoria 0 4 Victorian Civil and Administrative Tribunal (VCAT) 0 3 Northern Health Advance Care Planning Program 0 2 17 33 Diagnosis-specific Organisations Chronic Illness Alliance 4 1 Oncology Clinics Victoria 0 1 Start2Talk Victoria (Alzheimer s Australia) 0 1 4 3 11

Number of searches that State and Author of Website identified the website Lay search Expert search Legal Organisations Health Professionals (Slater and Gordon)* 1 2 Law Institute of Victoria 1 1 Mental Health Legal Centre 1 1 Everydaylaw 1 0 4 4 Other Palliative Care Victoria 7 12 Advance Care Planning Australia (Victoria) 5 20 Carers Victoria 0 2 Mondaq 0 1 12 35 Searches that identified Vic websites 37 75 National Government and Statutory Bodies Advance Care Planning Australia 6 30 Australian Human Rights Commission 3 4 Australian Government: My Aged Care 0 1 9 35 12

Number of searches that State and Author of Website identified the website Lay search Expert search Diagnosis-specific Organisations Alzheimer s Australia 5 1 5 1 Legal Organisations Intellectual Disability Rights Service 2 8 Health Practitioners (Slater and Gordon)* 1 6 Legal123 1 0 4 14 Other Australian Investors Association: Powers of attorney 4 0 Sydney Morning Herald: The medical enduring power of 3 1 attorney Health Law Central 2 20 Australian Health Consumer 1 1 Find Law Australia 1 0 National Seniors 1 0 Palliative Care Australia 0 3 12 25 13

Number of searches that State and Author of Website identified the website Lay search Expert search Searches that identified national websites 30 75 Total number of searches that identified websites 143 270 Note: Some websites contained multiple resources. Websites italicised were included in the sample assessed for accessibility. * This website fell into the Resources included by exception category. 14

Appendix S5 PEMAT scores from accessibility assessments by jurisdiction NSW Name and type of resource U a A b Government and Statutory Bodies NSW Government: Advance Care Planning 83 100 Planning Ahead Appoint an Enduring Guardian 83 100 NSW Health: Endof-Life Decisions, the Law and Clinical Practice ACP and the Law Decision making at the end of life 73 80 73 80 Diagnosis-specific Organisations Mental Health Coordinating Council Advance Care Directives (manual section) Specific rights in relation to medical treatment (manual section) Substitute Decision Making (manual section) Guardianship (manual section) 83 60 75 80 73 80 58 60 15

NSW Name and type of resource U A Legal Organisations Health Practitioners (Slater & Gordon)* Other Dying with Dignity NSW Carers NSW Common Law Advance Directives What is Advance Care Planning Guide to Advance Care Directive (booklet) Enduring powers of attorney 80 0 93 100 93 100 83 100 16

Victoria Name and type of resource U A Government and Statutory Bodies Enduring Power of Attorney 92 100 (Medical Treatment) Pink (fact/information sheet) Office of the Public Advocate (Vic) Good Guardianship (booklet) Enduring Power of Attorney (Medical Treatment) Purple (fact/information sheet) Refusal of Medical Treatment (fact/information sheet) 93 100 92 100 83 80 Diagnosis-specific Organisations Take Control booklet (booklet) 94 100 Introduction 75 60 Chronic Illness Alliance Enduring Power of Attorney (Medical Treatment) Guardianship 83 80 75 80 Legal Organisations Law Institute of Vic Powers of Attorney 75 40 17

Victoria Name and type of resource U A Other Advance Care Planning Australia Palliative Care Vic Carers Vic Advance Care Planning Information Sheet (fact/information sheet) Vic Advance Care Planning A Guide to Decision-Making in Healthcare (booklet) Appointing an Enduring Power of Attorney (brochure) Enduring Powers of Attorney 92 100 75 80 83 60 92 100 75 100 Queensland Name and type of resource U A Government and Statutory Bodies Qld Government: Power of attorney and making decisions for others Advance health directive Making decisions for others Power of attorney 83 83 58 17 67 67 18

Queensland Name and type of resource U A Advance health directive 83 67 Office of the Public Guardian (Qld) (fact/information sheet) Statutory health attorney Health care decisions 75 17 33 33 Diagnosis-specific organisations Who will the Dr ask to give 83 17 Start2Talk Qld (Alzheimer's Australia) Synapse (Brain Disorders organisation) consent Will my advance directive and other Apart from appointing a substitute decision-maker How do I legally appoint someone of my choice Substitute decision making A guide to applying for guardianship and administrative orders 92 83 92 83 75 67 58 0 75 100 19

Queensland Name and type of resource U A Legal Organisations Find Law Aust Power of Attorney or Enduring Guardian 50 0 National Name and type of resource U A Government and Statutory Bodies Advance care planning for a family 78 80 or friend Choosing someone to speak for 83 100 Advance Care Planning Australia you Writing down your wishes Law of ACP* 75 100 73 0 Diagnosis-specific Organisations Alzheimer's Australia Legal Organisations Legal 123 Planning for the end of life for people with dementia (booklet) Enduring Power of Attorney 83 60 75 80 20

National Name and type of resource U A Other Palliative Care Australia Advance care planning Decision making for the end of life 83 60 92 100 Note: a. U = understandability score. b. A = actionability score. * This resource fell into the Resources included by exception category. 21