QLD

Advance care planning is about your future health care. It gives you the opportunity to plan for what you would want or not want, if you become unable to make or communicate your own preferences.

The following outlines the legal requirements, forms and fact sheets in Queensland (QLD):


Frequently asked questions

Advance care planning and the law

To make medical decisions, you must have decision-making capacity. If illness or serious injury (temporary or permanent) prevents you from making decisions about your health care, advance care planning makes sure that your values, beliefs and preferences for treatment and care are understood and respected. Completed and accessible Advance Care Directive documentation allows you to be heard and is important to your treating team and others.

Advance care planning is an ongoing process with a number of steps.

Be open

  • Think and talk about your values, beliefs and preferences for current and future health care.
  • Choose a substitute decision-maker: someone you trust to speak for you if you became very sick and couldn’t speak for yourself. Ask them if they are prepared to be your substitute decision-maker.

Be ready

  • Talk about your values, beliefs and preferences with your substitute decision-maker and other people involved in your care such as family, friends, carers and doctors.
  • Write your preferences and/or appoint your substitute decision-maker using the recommended Advance Care Directive document(s).

Be heard

  • Share your Advance Care Directive documentation with your substitute decision-maker, family, friends, carers and your doctors. This will help ensure everyone knows what you want.
  • Upload your completed documents to your My Health Record.
  • Review your plan regularly and update it as needed.

If you become unable to make decisions about your own health care, a substitute decision-maker will make decisions on your behalf.

Your substitute decision-maker may be:

  • Chosen and appointed by you
  • Appointed for you by a guardianship tribunal
  • Identified for you by a default list under legislation.

Your substitute decision-maker is the first of the following who is available, willing and able to make decisions:

1. An attorney or attorney for an Advance Health Directive appointed by you

2. A guardian appointed by the Queensland Civil and Administrative Tribunal to make decisions on your medical treatment.

3. The first of the following (statutory health attorney):

a. Your spouse or domestic partner

b. Your carer

c. A close relative or close friend.

In Queensland, the substitute decision-maker appointed by you is an attorney or attorney for an Advance Health Directive.

You may want to choose and appoint one or more adults to this role. To do this you need to complete the Enduring power of attorney form. The form has specific requirements for completion and witnessing. Your chosen attorney must accept this role by signing the form.

Your attorney can consent to or refuse treatment on your behalf. They must act in accordance with any lawful limitations or conditions contained in the form. They must make the decision they believe you would make if you could make your own decision. For this reason, it is helpful to talk to them about what is important to you and any preferences you have.

In Queensland, your Advance Care Directive is known as an Advance Health Directive.

In your Advance Health Directive, you can write:

  • An instructional directive with legally binding instructions about future medical treatment you consent to or refuse. If your directive relates to refusing or withdrawing life-saving treatment, certain criteria will need to be met for it to apply.
  • A values directive which documents your values and preferences for your attorney to consider when making decisions for you.
  • Appoint your attorney for personal/health matters.

Medical treatment includes treatment for physical and/ or mental conditions.

You should use the prescribed Queensland Advance Health Directive form or similar. The form has specific instructions for completion that need to be followed. It needs to be witnessed by a medical practitioner and another adult. Commonly, these documents also include details regarding your organ donation status

Upload your completed enduring power of attorney form and your Advance Health Directive to your My Health Record.

We recommend that you review your decisions and documents regularly. This is particularly important if there is a change in your health, personal or living situation. You can update your Advance Health Directive and/or your appointment of an enduring power of attorney at any time providing you still have decision-making capacity.

Your Advance Health Directive ends when you complete a new Advance Health Directive, you revoke it, it expires (if an expiry date is included) or you die. You should let others know of any changes, and provide updated copies.

Your attorney or attorney for an Advance Health Directive appointment(s) end if you revoke it, if the people appointed are unable to act, resign their appointment, or if you die.

In general, a valid Advance Health Directive will apply in other places in Australia, although there may be some limitations and additional requirements. Similarly, an appointment of attorney will usually apply, but there is variation in the laws within Australia.

It is recommended that you obtain specific advice from the Office of the Public Advocate or equivalent in the relevant state or territory.

If you are permanently moving state or territory, it is recommended you update your documentation using the recommended form(s) in consultation with your doctor, substitute decision-maker and/or support person.


Forms

Advance care planning forms

  • Form

    Advance Health Directive form (QLD)

    Queensland Government

    Download the form for people living in Queensland, that states your wishes or directions regarding your future health care for various medical conditions. It comes into effect only if you are unable to make your own decisions.
  • Form

    Enduring Power of Attorney – Short Form (QLD)

    Queensland Government

    This Short Form is to legally appoint one attorney/substitute decision-maker for personal matters (including healthcare) and/or financial matters, including allowing them consent to withdrawing or withholding life-sustaining treatment.
  • Form

    Enduring Power of Attorney – Long Form (QLD)

    Queensland Government

    This Long Form is to legally appoint more than one attorney/substitute decision-maker, such as an attorney(s) for personal matters, including healthcare, and a different attorney(s) for financial matters, including allowing them consent to withdrawing or withholding life-sustaining treatment.
  • Form

    Revocation of Enduring Power of Attorney (QLD)

    Queensland Governement

    Visit the Queensland Government site to access the form required if you wish to revoke (cancel) the appointment of a person or persons as your attorney/s (enduring power).
  • Form

    Statement of Choices (QLD)

    Queensland Government

    The Statement of Choices allows a person to record their personal values and preferences for health care, helping family and healthcare professionals decide on medical care when a person is unable to make or communicate decisions. There is a form for those who have decision-making capacity (Form A), and those without decision-making capacity (Form B).
  • Form

    Advance health directive for mental health (QLD)

    Queensland Government

    This guide provides information about making an advance health directive for mental health.

Fact sheets

Advance care planning fact sheets

  • Fact sheet

    Advance care planning and the law: QLD

    Advance Care Planning Australia

    This fact sheet is for individuals, providing an overview about advance care planning and Queensland (QLD) law.
  • Fact sheet

    Advance care planning fact sheet for individuals and family

    Advance Care Planning Australia

    Information about advance care planning for individuals and their families.
  • Fact sheet

    Advance care planning fact sheet for substitute decision-makers

    Advance Care Planning Australia

    Information about advance care planning for substitute decision-makers.
  • Fact sheet

    Advance care planning and legal requirements: QLD

    Advance Care Planning Australia

    This fact sheet for health professionals gives specific information about advance care planning and Queensland (QLD) law.
  • Fact sheet

    Advance care planning fact sheet for care workers

    Advance Care Planning Australia

    Information about advance care planning for care workers.
  • Fact sheet

    Advance care planning fact sheet for healthcare professionals

    Advance Care Planning Australia

    Information about advance care planning for healthcare professionals.