Understanding advance health directives

Part of the Advance health directives topic

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In short

What is an advance health directive

An advance health directive is a legal document that allows you (the principal) to:

• give legally binding directions about your future health care
• make your views, wishes and preferences about your health care now and into the future known
• appoint someone you trust (an attorney) to make decisions about your health care on your behalf when you do not have capacity to make those decisions yourself.

Who can make one

To make an advance health directive, you must be 18 or older and have capacity to understand the document you are signing and the powers it gives.

This means you must be capable of:

• understanding the nature and effect of the document
• making the document freely and voluntarily.

When to make one

The best time to make an advance health directive is before any urgent health condition arises.

It is particularly important to consider making an advance health directive if you:

• are about to be admitted to hospital
• have a medical condition that could affect your ability to make decisions
• have a chronic condition that may lead to serious complications.

When will it be used

Your advance health directive can only be used when you do not have capacity to make your own healthcare decisions.

When does it end

An advance health directive may end in different ways.

Some examples include:

• you revoke (cancel) your advance health directive in writing
• you make a later advance health directive that is different to your earlier advance health directive
• you die.

What if you do not have an advance health directive

If you do not have capacity to make decisions about your health care, a statutory health attorney may make health care decisions on your behalf if you have not:

• made an advance health directive
• appointed an attorney under an advance health directive or an attorney for personal (including health care) matters under an enduring power of attorney
• had a guardian appointed for health care matters by the Queensland Civil and Administrative Tribunal.

What is a statutory health attorney

Your statutory health attorney will be the first available person who is 18 or older and culturally appropriate to make decisions for you, in this order:

• your spouse (including a de facto or civil partner) who is in a close and continuing relationship with you
• your carer (who is not a paid carer, health provider, or service provider for a residential service where you are a resident)
• a close friend or relative who is in a continuing relationship with you (who is not a paid carer, health provider, or service provider for a residential service where you are a resident).

The Public Guardian will act as your statutory health attorney if no one else is available or culturally appropriate.