Northern Territory Advance Personal Plans
In the Northern Territory, an Advance Personal Plan can record future health, lifestyle and financial decisions, and appoint decision-makers.
In the Northern Territory, the main planning document is called an Advance Personal Plan. It can record your wishes, make future care decisions, and appoint one or more decision-makers if you later cannot decide for yourself.
General information: This page gives general information for people in the Northern Territory. It is not legal advice. If a decision is urgent, disputed or unclear, ask the treating team, the Public Guardian and Trustee, NTCAT or a lawyer.
What an Advance Personal Plan can include
NT Government guidance says an Advance Personal Plan can include:
- an advance care statement, which helps others make decisions based on your views, wishes and beliefs
- an advance consent decision, which is a decision about future care
- appointment of a decision-maker
It can cover health care, mental health care, lifestyle needs, accommodation, diet, personal matters, property and finance matters.
Because it can cover more than health care, be clear about which parts are medical, personal or financial. Health decisions may include treatments you would or would not want, where you would prefer to be cared for, and who should be consulted.
When it is used
The Public Guardian and Trustee says an Advance Personal Plan is only used when the person has impaired decision-making capacity. If the person regains capacity, the plan no longer applies for decisions they can make themselves.
Decision-making capacity is decision-specific and time-specific. A person may be able to make some decisions but not others.
The person should still be supported to make any decision they can make. The plan should not be used to take over decisions that the person can still understand, weigh up and communicate.
Advance care statements and consent decisions
An advance care statement records views, wishes and beliefs. It guides decision-makers.
An advance consent decision is a specific future health decision. NT guidance says these decisions are legally binding and must be followed by health professionals when they apply.
If you are making a specific health decision in advance, ask a doctor or nurse to check that the treatment words and circumstances are clear. This can help avoid confusion if the plan is needed in hospital, aged care or an emergency.
Signing and registration
The person making the plan must sign it in the presence of an authorised witness. Authorised witnesses include a Justice of the Peace, commissioner for oaths, police officer, legal practitioner, health professional, accountant, local government chief executive, social worker or NT school principal.
Registration with the Public Guardian and Trustee is strongly recommended but not required. If the plan deals with land, Land Titles Office registration may be needed.
Give copies to your decision-maker, GP, hospital, aged care home, palliative care team and close family if you are comfortable doing so. Review the plan if your health, living situation, finances, treatment goals or chosen decision-maker changes.
You may also want to read
- What is an advance care directive?
- What happens if someone loses capacity before completing the VAD process?
- Who decides when family members disagree about end-of-life care?