Advance care directive in Australia: how to write down your health care wishes
Last reviewed
Short answer
An advance care directive is a document that records your values and your wishes for future medical treatment, in case you can’t speak for yourself. It can also name who makes health decisions for you. Each state and territory has its own name, form and rules, and doctors generally have to follow a valid directive.
Key facts
- It only applies if you can’t make or communicate your own decisions.
- Names differ: Advance Health Directive (QLD, WA), Health Direction (ACT), Advance Personal Plan (NT), Advance Care Directive elsewhere.
- Some states have a statutory form with strict signing rules, for example a doctor must sign part of the Queensland form.
- A directive only helps if people can find it. Give copies to your GP, hospital and family, and consider uploading it to My Health Record.
- Review it every few years and after any major change in your health.
What is an advance care directive?
An advance care directive is part of advance care planning: thinking about, talking about and writing down the care you would want if you became very unwell. It can include what matters most to you, treatments you would accept or refuse, where you would like to be cared for, and who should speak for you.
It is different from an enduring power of attorney, which covers money and property. And it is different from a will, which only takes effect after death.
What is it called in my state or territory?
| State or territory | Document | Appointing a health decision maker |
|---|---|---|
| NSW | Advance Care Directive (no set statutory form) | Enduring Guardian |
| VIC | Advance Care Directive (instructional and values directives) | Medical Treatment Decision Maker |
| QLD | Advance Health Directive | Enduring Power of Attorney (personal and health matters) |
| WA | Advance Health Directive | Enduring Power of Guardianship |
| SA | Advance Care Directive | Substitute decision-maker in the same form |
| TAS | Advance Care Directive | Enduring Guardian |
| ACT | Health Direction | Enduring Power of Attorney (health care matters) |
| NT | Advance Personal Plan (advance care statement or decision) | Decision maker in the same plan |
Is an advance care directive legally binding?
Generally yes, if it is valid and clearly applies to the situation. How binding it is depends on your state, the type of directive and how it was made. In some states only a directive made on the official form is binding. In others, a written directive outside the form (a common law directive) can also be binding, especially when it refuses a treatment. Advance Care Planning Australia publishes a summary of the law in each state and territory.
What should I include?
- What a good day looks like for you, and what you would find unacceptable.
- Treatments you would or would not want, such as CPR, a breathing machine or tube feeding.
- Where you would prefer to be cared for at the end of life, for example at home.
- Cultural, spiritual or religious wishes.
- Who should make health decisions for you, and who should be told.
How do I make one?
- Talk with the people close to you and with your GP about your health and your options.
- Get the form for your state or territory, for example from Advance Care Planning Australia.
- Fill it in, in your own words. Be as specific as you can.
- Sign it with the required witnesses. Some forms also need a doctor’s signature.
- Give copies to your GP, specialists, hospital, aged care home and decision maker.
- Upload it to My Health Record if you use it, and store a copy where your family can reach it.
Common questions
Is an advance care directive the same as a living will?
“Living will” is a term often used in the United States. In Australia the equivalent is an advance care directive, or an Advance Health Directive, Health Direction or Advance Personal Plan depending on where you live.
Do I need a lawyer to make an advance care directive?
Usually not. The official forms are designed for people to complete themselves, often with help from their GP. A lawyer can help if your situation is complicated.
Is my advance care directive valid in another state?
Recognition across borders differs between states and territories. If you move or spend long periods interstate, check the rules there or make a new directive on the local form.
Can I change my advance care directive?
Yes, at any time while you have capacity. In some states you have to revoke the old one and make a new one. Give the updated version to everyone who had the old one.
Sources and official help
- Advance Care Planning Australia
- Advance care planning laws by state and territory
- End of Life Law in Australia (QUT)
- Advance Personal Plan (NT)
These guides are general information, not legal or financial advice. Laws differ between states and territories and change over time. Speak to a solicitor or your state or territory public trustee about your situation.