Advance Health Directive QLD

When planning your estate, you might also want to think about your future health care. Advance care planning enables you to document certain directions now about your future healthcare needs, so they can be respected if you become incapacitated and cannot convey these wishes yourself.

What is an advance health directive (QLD)?

An advance health directive in Queensland is a document setting out a person’s wishes regarding the actions that should be taken for their healthcare if they are no longer able to make decisions for themselves because of an illness or incapacity, whether temporary or permanent.

Directions can include the type of medical treatment you consent to or refuse, and your values and preferences that should be considered. For example, you may include directions to withhold or withdraw certain life-sustaining measures (subject to any legal restraints).

Advance health directives in QLD allow you to:

• give directions about your future health care

• make your wishes known and give health professionals direction about the type of treatments you want

• appoint an attorney to make decisions about health care on your behalf

When should I make an advance health directive?

You can make an advance health directive anytime, especially if you want to be prepared for the future and the possibility that you may lose capacity due to illness. It is also particularly important to make an advance health directive if:

• you are about to be admitted to hospital
• your medical condition is likely to affect your ability to make decisions
• you have a chronic medical condition that could cause serious complications

Preparing to make my advance health directive

You must be 18 years or over to make a legally valid advance health directive. You must also have legal capacity to understand the nature and effect of the directive. It is essential that you understand:

• the nature and likely effects of each direction you include in your advance health directive and that the directive only operates when you do not have capacity to make decisions about your health care
• that you have a right to revoke a direction at any time you have the required capacity to make decisions for matters covered by directions
• any time you do not have capacity to revoke a direction, you will be unable to effectively oversee the carrying out of a direction by your attorney

You must also have the capacity to make the advance health directive freely and voluntarily and it must be signed by your doctor and in the presence of a witness.

You also have an option to carry a card stating that you have made an advance health directive and where it can be found.

Advance health directives should generally be reviewed at least every two years or when there is a significant change to your health.

Advance care planning requires transparent and open communication with your family, friends and carers, and your healthcare providers so that your values and wishes concerning future medical care and treatment options are understood.

If you need assistance, contact us at [email protected] or call 1300 040 807 for expert legal advice.