Queensland Advance Health Directives
In Queensland, an Advance Health Directive is the main legally binding document for future health care directions.
In Queensland, the main legal document for future health care directions is called an Advance Health Directive. It can give directions about future health care and medical treatment, and it can appoint an attorney for health matters.
General information: This page gives general information for people in Queensland. It is not legal advice. If the decision is urgent, disputed or unclear, ask the treating team, the Office of the Public Guardian, Queensland Civil and Administrative Tribunal or a lawyer.
What is different in Queensland
Queensland is stricter than some other places. Advance Care Planning Australia and End of Life Law in Australia explain that only statutory advance health directives are legally binding in Queensland. Common law advance care directives are not legally binding there.
Queensland also has a Statement of Choices. That document can record wishes and preferences, but Queensland Government guidance says it is not legally binding.
What an Advance Health Directive can do
An Advance Health Directive can record directions about future treatment. It may cover CPR, ventilation, surgery, blood transfusion, artificial feeding, IV fluids, antibiotics, palliative care, mental health treatment, and other health matters.
It is only used when you cannot make or communicate the decision yourself.
The directions should be written clearly enough for the treating team to know when they apply. For example, a refusal of ventilation may need to explain whether it applies to a short, reversible illness, to advanced illness near the end of life, or to both.
Who can make one
Queensland Government guidance says you must be over 18 and have capacity to make your own decisions.
A doctor or nurse practitioner must complete part of the form and assess your capacity to make the directive. After that, you sign in front of an eligible witness, such as a JP, commissioner for declarations, notary public or lawyer. If you appoint attorneys, they must sign to accept before acting.
Because a clinician must complete part of the form, use that appointment to ask whether your treatment instructions are medically clear. This can reduce confusion later if an emergency team, hospital or aged care home needs to use the document.
What to do after making one
Queensland recommends sending copies of completed advance care planning forms to the Statewide Office of Advance Care Planning. Give copies to your attorney, GP, hospital, aged care home and people close to you. Uploading a copy to My Health Record may also help.
Review the directive when your health changes, after a new diagnosis, before major treatment, after moving into aged care, or if your appointed attorney is no longer available. If you replace the directive, make sure old copies are withdrawn or clearly marked as cancelled.
You may also want to read
- What is an advance care directive?
- Can I refuse artificial nutrition or hydration?
- Would IV fluids help someone who is dying?