Why can't an advance care directive request VAD for later?
An advance care directive cannot request VAD for later because VAD law requires a current personal request and current decision-making capacity.
An advance care directive cannot request voluntary assisted dying (VAD) for later because VAD is not a treatment that someone else can choose for you after you lose capacity. The request must come from you, at the time, under the steps in your state or territory law.
This can feel unfair to people who fear dementia, stroke or loss of speech. The law has been designed around current consent, repeated requests and safeguards against pressure.
General information: This page gives general information for people in Australia. VAD and advance care directive laws differ between states and territories. Confirm current rules with the relevant VAD service, Advance Care Planning Australia or a lawyer.
The law requires a current request
VAD assessment is not only a form. Doctors must assess whether the person understands the choice, is acting voluntarily, and still wants VAD. The person can stop the process at any time.
If a person later cannot understand, decide or communicate the VAD request, the process cannot usually continue.
Advance directives do a different job
Advance care directives guide future healthcare if you cannot decide for yourself. They can refuse some treatments, record values, and guide a substitute decision maker.
They cannot require a doctor to provide VAD after you lose capacity.
Planning still matters
If you are worried about losing capacity, talk early with your GP, specialist, palliative care team and family. You can make an advance care directive, appoint a decision maker where allowed, discuss comfort care, and record what treatment you would refuse in certain situations.
You may also want to read
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What can an advance care directive do if it cannot request VAD?
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What happens if someone loses capacity before completing the VAD process?