The Law at the Bedside: Ben White on Advance Care Directives and Voluntary Assisted Dying

What happens when the document meant to protect your wishes is filed away where nobody can find it, or worse, ignored altogether when it matters most?In this episode, I'm joined by Distinguished Professor Ben White, Professor of End-of-Life Law and Regulation in the Australian Centre for Health Law Research at Queensland University of Technology. A Rhodes Scholar with a DPhil from Oxford, Ben has spent his career researching the gap between what end-of-life law says on paper and what actually happens at the bedside. He's authored over 250 publications, co-authors the End-of-Life Law in Australia website, and is currently leading an Australian Research Council Future Fellowship on regulating voluntary assisted dying.We talk through the three legal tools everyone should know about (advance care directives, enduring powers of attorney, and default substitute decision-makers), why advance care directives so often fail to be followed even when they exist, and the very human reasons families and clinicians clash at the bedside. Ben also walks us through voluntary assisted dying now that the Northern Territory is on the verge of becoming the final Australian jurisdiction to legalise it, what conscientious objection looks like when it works well and when it doesn't, and why a Commonwealth law about phones and faxes is still forcing dying patients to travel for care that could otherwise happen by telehealth.Remember; you may not be ready to die, but at least you can be prepared.Take care,CatherineWe'd love to hear from you. Send us a text :-)Death is hard, make death admin easy with the Critical Info Platform. It’s a simple, secure system that helps you prepare and share your legacy, wishes and personal paperwork.It’s packed with prompts, guides and even a To Do List to help you easily gather critical information for a complete end-of-life plan.Leave behind a legacy, not a mess.Sign up now to your free trial at critical info.com.auNo credit card needed. Every Tuesday at 7pm, I host Critical Chat Tuesdays — free, online conversations where you can ask questions or just listen.No pressure. No expectation.Because this isn’t about planning for “someday” — it’s about being ready for whatever life throws your way.Join anytime at criticalinfo.com.au/events MY LOVED ONE HAS DIED, WHAT DO I DO NOW?Our guide, ‘My Loved One Has Died, What Do I Do Now?’ provides practical steps for the hours and days after a loved one's death. Download it here.SUPPORT SERVICESIf you're feeling overwhelmed by grief, find support through our resources and bereavement services here.Support the showSupport the 'Don’t Be Caught Dead' podcast with a one-off or regular donation to help Critical Info, a certified social enterprise, keep creating free, high-impact conversations about death, grief and planning—every contribution fuels our mission to reduce the burden on families and build a more death-literate, compassionate community. Donate here now.Learn more: https://criticalinfo.com.au/Connect with Don't Be Caught Dead podcast host Catherine Ashton & Critical info on socials:https://linktr.ee/catherine_critical_info?utm_source=linktree_profile_share&ltsid=c1879300-84db-4c70-9270-18d17d3ec22aMusic composer: Ania Reynolds - https://www.aniareynolds.com/