ADVANCED HEALTH DIRECTIVE

---

 Advance Health Directive: Taking Control of Your Future Healthcare

At some point in the future, you may be unable to make decisions about your healthcare, whether temporarily or permanently. This could result from an accident, dementia, a stroke, or a mental illness. An Advance Health Directive ensures your healthcare preferences are respected and provides clarity for your loved ones and medical professionals during such times.

An Advance Health Directive is a legally binding document that allows you to:

• Provide clear instructions about your future healthcare preferences.
• Communicate your wishes to healthcare professionals regarding the treatments you want or do not want.
• Appoint a trusted individual (referred to as an "attorney") to make healthcare decisions on your behalf.

To create an Advance Health Directive, you must:

• Be 18 years or older.
• Have the capacity to understand the nature and effect of the directive.

This means you must comprehend:

1. The nature and likely consequences of each instruction in your directive.
2. That the directive only takes effect when you lack the capacity to make decisions about the healthcare matters it covers.
3. That you can revoke the directive at any time while you have capacity.
4. That if you lose the capacity to revoke the directive, you will no longer be able to oversee its implementation.

Additionally, the directive must be made freely and voluntarily, without any undue pressure from others.

Your Advance Health Directive must be signed by:

• You, in the presence of an eligible witness.
• Your doctor, who certifies that you appeared to have the capacity to make the directive.

The eligible witness may include a Justice of the Peace (JP), Commissioner for Declarations (Cdec), notary public, or lawyer. While the witness does not need to sign the form in the presence of the doctor, it is recommended that you and the witness sign the directive as soon as possible after the doctor has signed it.

If your directive appoints an attorney for health matters, the attorney must also sign the document to accept their appointment. This can be done after you and the witness have signed, but it must occur before the attorney can act on your behalf.

The best time to create an Advance Health Directive is now, before any urgent health condition arises. 

However, it is particularly important to make one if:

• You are about to be admitted to hospital.
• You have a medical condition that may affect your ability to make decisions.
• You have a chronic condition that could lead to serious complications, such as diabetes, asthma, or heart or kidney disease.

Before completing your directive, consider the following steps:

1. Reflect on Your Preferences: Think about your values, wishes, and preferences for future healthcare.
2. Consult Your Doctor: Discuss your medical history, potential illnesses, treatment options, and their implications. Your doctor can help you understand unfamiliar terms and assess your capacity to make the directive.
3. Discuss with Loved Ones: Talk to your family and friends about your healthcare preferences.
4. Consider Appointing an Attorney: If you plan to appoint an attorney for health matters, choose someone you trust and discuss your expectations with them.

You can revoke (cancel) your Advance Health Directive at any time, provided you have the capacity to do so. While no specific form is required for revocation, it must be in writing, and you should notify any appointed attorney(s) and relevant parties of the cancellation.

If you do not have an Advance Health Directive, healthcare decisions may be made by a statutory health attorney. This is the first person, in the following order of priority, who is 18 or older, readily available, and culturally appropriate:

1. Your spouse (including a de facto or civil partner) in a close and continuing relationship with you.
2. Your carer (who is not a paid carer or healthcare provider).
3. A close friend or relative in a close relationship with you.
4. The Public Guardian, as a last resort.

A statutory health attorney can consent to most healthcare decisions but cannot authorise certain special health matters, such as:

• Tissue donation.
• Sterilisation.
• Pregnancy termination.
• Special medical research or experimental healthcare.

Only the Queensland Civil and Administrative Tribunal (QCAT) can provide consent for these matters.

If you appoint an attorney under your Advance Health Directive, they are legally obligated to act in your best interests and comply with their duties. It is strongly recommended that anyone considering accepting an appointment as an attorney seeks professional advice, such as from a lawyer.

An Advance Health Directive ensures your healthcare preferences are respected and provides clarity for your loved ones during difficult times. It empowers you to take control of your future healthcare decisions and reduces the burden on your family and friends.

If you would like assistance in creating an Advance Health Directive, our experienced team is here to help. Contact us today to ensure your healthcare wishes are documented and respected.for a legal team that genuinely cares about your success.