Making and ending an advance health directive

Part of the Advance health directives topic

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In short

Preparing to make your advance health directive

You should:

• think about your views, wishes and preferences for your future health care
• talk to your family and friends
• talk to your doctor—they
  • will have access to your medical history
  • can help you understand how a particular illness may affect you
  • can discuss treatment options and the effects of those treatments
• if you plan to appoint an attorney for health matters, think carefully about who you want to appoint and talk to them.

Completing the form

You can download and print a free copy of the advance health directive form.

You can print a copy of the forms at your local library or access a print on demand service.

Refer to the Advance health directive explanatory guide while you complete the form. It steps you through each of the questions and will give you useful information, practical examples, hints and tips.

A doctor or nurse practitioner will need to complete part of the form, so you can also ask them to explain your options and any unfamiliar terms.

Doctor or nurse practitioner certificate

A doctor or nurse practitioner will need to assess your capacity to make the advance health directive.

Getting the form witnessed

After your doctor or nurse practitioner signs the form, you need to sign the form in the presence of an eligible witness. This could be a:

• a Justice of the Peace (JP)
• Commissioner for Declarations (Cdec)
• notary public
• lawyer.

The witness does not need to sign the form in front of the doctor or nurse practitioner.

The witness must:

• be present when you sign the form
• certify that you appeared to understand the document and what it means for you
• ensure you are signing the document voluntarily and without pressure.

Attorney acceptance (if required)

If your advance health directive appoints an attorney(s) for health matters, your attorney(s) must sign it to accept their appointment.

This should be done after you and the witness sign the form.

Your attorney(s) does not have to sign the form straight away, but they must sign before they can begin making decisions on your behalf.

You should direct your attorney(s) to:

• the Factsheet: Obligations of attorneys under an enduring document
• the Advance health directive explanatory guide – Information for attorneys is at pages 22 to 24.

What to do with the completed form

You do not have to lodge or register your advance health directive anywhere once you have completed your advance health directive.

It is important to keep your original advance health directive in a safe place.

Give certified copies of your advance health directive to your:

• attorney(s) (if appointed)
• doctor or other health provider(s)
• bank
• lawyer
• local hospital, where they may add it to your patient file.

You should also let your close family and friends know that you have made an advance health directive and where to find it.

You could also carry a card that states you have made an advance health directive and where to find it.

You should review your advance health directive at least every 2 years, or if your health changes significantly.

Making a certified copy of your advance health directive (optional)

A certified copy of your advance health directive can be made by making a copy of the original advance health directive and having one of the following people certify that it is a true and complete copy of the original document:

• Justice of the Peace (JP)
• Commissioner for Declarations (CDec)
• lawyer
• notary public.

Ending your advance health directive

You may revoke (end) your advance health directive at any time you have the capacity to do so.

There is no specific form to use, but you must revoke your advance health directive in writing.

You must also take all reasonable steps to advise your attorney(s) (if appointed) that it has been revoked.

If you make a later advance health directive this will revoke your earlier advance health directive to the extent of any inconsistency with the later advance health directive that you complete.

There are other ways an advance health directive can end. See page 19 of the advance health directive explanatory guide.