Tasmania Advance Care Directives
In Tasmania, an Advance Care Directive is a legally binding document about future health care and treatment, made under the approved form.
In Tasmania, an Advance Care Directive records instructions about future health care and treatment, along with your beliefs, values and goals. It may say what treatment you want or refuse if you later lose decision-making ability.
General information: This page gives general information for people in Tasmania. It is not legal advice. If a decision is urgent, disputed or unclear, ask the treating team, the Office of the Public Guardian, TASCAT or a lawyer.
The Tasmanian framework
Tasmania's legal framework for Advance Care Directives commenced on 21 November 2022. The Office of the Public Guardian says the relevant law is the Guardianship and Administration Act 1995.
An Advance Care Directive can record specific treatment decisions and broader preferences about care. It may include end-of-life wishes, goals of care, wanting to die at home, or religious, spiritual or cultural matters relevant to care.
It can help with decisions about treatments such as CPR, ventilation, surgery, antibiotics, artificial nutrition or hydration, hospital transfer and comfort care. It can also help clinicians and family understand what outcomes would or would not be acceptable to you.
What makes it useful
Directions are legally binding when they are clear, medically appropriate and apply to the situation. A guardian, including an enduring guardian, must follow instructions in a valid directive.
The Office of the Public Guardian says the directive must use the approved Tasmanian Health Service form. The person making it must have decision-making ability, understand what an Advance Care Directive is and understand the consequences of making one. It must be made freely and voluntarily, written in English and witnessed.
If you are recording treatment refusals, ask a doctor or nurse to check whether the wording is clear. A directive is easier to follow when it describes the treatment and the situation in plain terms.
Registration and storage
Tasmania allows registration with the Tasmanian Civil and Administrative Tribunal, but registration is not mandatory. A directive can still be valid if it is not registered.
Keep the original somewhere safe and easy to find. Give copies to your GP, enduring guardian, family, hospital, aged care home and anyone else involved in care. A copy can also be uploaded to My Health Record.
Review it after a serious diagnosis, hospital admission, change in care goals, move into aged care, or change in the person you trust to speak for you. If you replace it, tell people who hold copies.
You may also want to read
- What is an advance care directive?
- Who decides when family members disagree about end-of-life care?
- Can I refuse further treatment if I do not qualify for VAD?