Advanced Health Directives

What is an Advanced Health Directive?

An Advanced Health Directive (AHD) is an instrument used to allow you to make your own decisions about your future health care in the event you were to subsequently lose mental capacity and could no longer make those decisions yourself at that time.

Often referred to as a living will, you can use the document to outline specific treatments that you wish to receive or wish to have withheld. You can also use the document to outline information that your health professionals should be aware of. This might include existing health conditions, allergies, religious and cultural beliefs which might have an impact on the care that you wish to receive.

Who can make an AHD?

Anyone over the age of 18 years with capacity to do so can make an AHD. You must be able to:

• understand the nature and consequences of your health care decisions;
• understand the nature and effect of the directive;
• freely and voluntarily make the decisions; and
• communicate your decisions.

If you wish to make an AHD, it is important to do so before your health deteriorates. People often chose to make an AHD at the time of undertaking their estate planning and creating their Wills.

You will need to meet with your Doctor before your AHD can be signed as your Doctor will need to complete a part of the form with you. Your Doctor may charge their own fee for meeting with you to complete their relevant parts of the document.

When does the AHD come into effect?

Your AHD only comes into effect if you are unable to make your own decisions, such as if you were unconscious or if you had dementia. After you have made an AHD, you are still able to make your own decisions about your health care until such time as you lose capacity to do so.

Can you change an AHD?

Yes. You can amend or cancel the AHD at any time, provided that you still have capacity to do so. We recommend that you review your AHD regularly to ensure that it still reflects your wishes and contact us if you wish to make any amendments. A new AHD should be created if you wish to make amendments and your existing AHD should be either revoked in writing or destroyed.

What if you don’t have an AHD?

If you have created an Enduring Power of Attorney and appointed an Attorney for personal / health matters in that document, then your Attorney will be able to make decisions about your medical care on your behalf once you lose capacity.

If you have not appointed an Attorney for personal / health matters, and no guardian has been appointed for health care matters by the Queensland Civil and Administrative Tribunal, then a statutory health attorney can be appointed to make decisions on your behalf. This will usually be a person with a close relationship to you, such as a spouse, de facto partner, non-paid primary carer, friend or relative. If no one is available, then the Public Guardian will act as the statutory health attorney.

Do I need both an AHD and an Enduring Power of Attorney?

An AHD only deals with personal / health matters and it is unlikely to cover every situation which could arise. Appointing an Attorney for personal / health matters can be done within the AHD or an Enduring Power of Attorney to allow the Attorney to make decisions that are not contemplated by the AHD itself.

The AHD does not appoint an Attorney for financial matters and an Enduring Power of Attorney would need to be used to appoint an Attorney for financial matters if you wish to do so.

Boorman Lawyers can assist you in preparing an Advanced Health Directive, witness you sign it and complete the required witness certificate. Contact us on 1300 941 900 to learn more.

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