Western Australia advance health directives
In Western Australia, an Advance Health Directive records future treatment decisions and sits at the top of the treatment decision-making hierarchy.
In Western Australia, an Advance Health Directive is a legal document that records treatment decisions for a time when you cannot make or communicate those decisions yourself. It can also record values and preferences for future care.
General information: This page gives general information for people in Western Australia. It is not legal advice. If there is disagreement or uncertainty, ask the treating team, the Office of the Public Advocate, the State Administrative Tribunal or a lawyer.
What it can do
WA Health says an Advance Health Directive is voluntary and person-led. It can specify medical treatments you consent to or do not consent to in specific circumstances.
The term treatment includes medical, surgical and dental treatment, palliative care and life-sustaining measures.
An Advance Health Directive cannot be used to request VAD, request treatment that is not clinically indicated, authorise active steps to end life, or record organ donation wishes for after death.
It can still be useful if you are thinking about serious illness, palliative care or VAD. It can record what care you would want if you became too unwell to make decisions later, including comfort-focused care and treatments you would not want.
When it applies
The directive only comes into effect if it applies to the treatment decision needed and you are incapable of making or communicating that decision at the time.
WA guidance says valid Advance Health Directives sit at the top of the hierarchy of treatment decision-makers. This means health professionals look first to the directive before asking another person to decide, except in limited circumstances.
If the directive is unclear or does not cover the decision, the treating team may need to ask the first available person in the legal treatment decision-making hierarchy. That may be an enduring guardian, guardian, spouse or de facto partner, adult child, parent, sibling or another person in the order set by law.
Signing and witnessing
You must be 18 or older and have full legal capacity. WA Health says the document must be signed in the presence of two adult witnesses, and at least one witness must be authorised to witness statutory declarations in WA.
WA does not require registration. It is recommended that you tell people close to you and give copies to health professionals and decision-makers. Uploading a copy to My Health Record is also recommended.
Review the document if your diagnosis, treatment choices, living situation or decision-maker changes. If you update it, make sure old copies are removed where possible so the current version is easier to find.
You may also want to read
- What is an advance care directive?
- Can I request VAD in an advance care directive?
- What end-of-life choices do I still have if I cannot access VAD?