TAS

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 for Tasmania (TAS):


Frequently asked questions

Advance care planning and the law

To make medical decisions, you must have decisionmaking 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.

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 enduring guardian(s) appointed by you.

2. A guardian appointed by the Tasmanian Guardianship and Administration Board to make decisions (full or limited) about your medical treatment.

3. The first of the following (person responsible):

For a person under 18 years:

1. Your spouse (if you have a spouse)

2. Your parent (if you do not have a spouse).

For a person over 18 years:

1. Your spouse

2. Your carer

3. A close friend or relative.

In Tasmania, the substitute decision-maker appointed by you is an enduring guardian.

You may want to choose and appoint one or more adults to this role. To do this you need to complete the Instrument appointing enduring guardian form. The form has specific requirements for completion and witnessing. Your chosen enduring guardian must accept this role by signing the form. The form must be registered with the Guardianship and Administration Board. It is not legally binding until registered. To register, lodge at any Service Tasmania Shop.

Your enduring guardian can consent to or refuse treatment on your behalf. They must act in accordance with any lawful conditions relating to medical or personal care decisions contained in the form. If no conditions are listed, the guardian will have full powers. They must make the decision that is in your best interest. They should take your views and preferences into account and 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 the Tasmania, your Advance Care Directive is known as an Advance Care Directive for care at the end of life.

In your Advance Care Directive, you can write:

  • An instructional directive with legally binding instructions about future medical treatment you consent to or refuse.
  • A values directive which documents your values and preferences for your substitute decision-maker to consider when making decisions for you.
  • Details of your person(s) responsible or enduring guardian(s).

Medical treatment includes treatment for physical and/ or mental conditions. You can use the recommended form or similar when completing your Advance Care Directive. It is preferable that this document is signed and dated. Commonly, these documents also include details regarding your organ donation status.

Upload your completed enduring guardian form and your Advance Care 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 Care Directive or your appointment of an enduring guardian at any time providing you still have decision-making capacity.

Your Advance Care Directive ends when you complete a new Advance Care 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 enduring guardian appointment(s) ends if you revoke it, if the people appointed are unable to act, resign their appointment, or if you die.

In general, a valid Advance Care Directive will apply in other places in Australia, although there may be some limitations and additional requirements. Similarly, an appointment of enduring guardian 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 and substitute decision-maker.


Forms

Advance care planning forms

  • Form

    Advance Care Directive for Care at the End of Life (TAS)

    Tasmanian Government

    Use the Advance Care Directive form if you live in Tasmania, to write down specific information relating to your wishes, values and any treatments you would not wish to receive, to inform your doctor and substitute decision-maker.
  • Form

    Large Print Advance Care Directive for Care at the End of Life (TAS)

    Tasmanian Government

    Use the Advance Care Directive form if you live in Tasmania, to write down specific information relating to your wishes, values and any treatments you would not wish to receive, to inform your doctor and substitute decision-maker. Now available in large print.
  • Form

    Instrument Appointing Enduring Guardian(s) (TAS)

    Tasmanian Government

    In Tasmania, a substitute decision-maker is referred to as an enduring guardian. A person can appoint enduring guardians under the Guardianship and Administration Act 1995 as substitute decision makers.
  • Form

    Application for Recognition of Interstate Appointment (TAS)

    Tasmanian Government

    View the form required to register and appoint a substitute decision-maker or administrator in Tasmania, made in another Australian state or territory.
  • Form

    Request for Emergency Order (TAS)

    Tasmanian Government

    View the form to legally appoint a substitute decision-maker in urgent situations, when the person has not already made an enduring power of attorney or appointed an enduring guardian.
  • Form

    Medical Goals of Care Plan (TAS)

    Tasmanian Government

    The Medical Goals of Care Plan is a key component of the Healthy Dying Initiative. It has been implemented Statewide.

Fact sheets

Advance care planning fact sheets

  • Fact sheet

    Advance care planning and the law: TAS

    Advance Care Planning Australia

    This fact sheet is for individuals, providing an overview about advance care planning and Tasmanian (TAS) 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: TAS

    Advance Care Planning Australia

    This fact sheet for health professionals gives specific information about advance care planning and Tasmanian (TAS) 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.