TAS

Forms and requirements for writing Advance Care Directives and appointing substitute decision-makers vary between and states and territories.

The following outlines the legal requirements, forms and fact sheets for Tasmania (TAS):


Frequently asked questions

Advance care planning and the law

If you are unable to make decisions about your own health care, substitute decision-makers can make decisions on your behalf.

Your substitute decision-maker may be:

  • nominated by you (an enduring guardian)
  • appointed by a tribunal (a guardian), or
  • appointed by default under legislation (a ‘person responsible’).

Enduring guardian

You can appoint one or more adults as your enduring guardian by completing the Appointing Enduring Guardians(s) form.

This form must be registered with the Guardianship and Administration Board (via Service Tasmania). You cannot appoint someone who is responsible for or is involved in your medical care.

Your enduring guardian can make decisions relating to refusal/withdrawal of treatment and give consent for procedures but cannot consent to ‘special treatment’ (e.g. reproductive sterilisation, removal of non-regenerative tissue for transplantation).

Guardian

A guardian is a person appointed by the Tasmanian Guardianship and Administration Board A guardianship order may be full or limited.

Person responsible

A person responsible is the person designated under Tasmanian law if there is no enduring guardian or guardian.

Your person responsible would be chosen on your behalf in the following order:

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 18 years or older:

  • Your spouse
  • Your carer
  • A close friend or relative

This means if you are 18 years, a close friend or relative would be chosen as your person responsible if you don’t have a spouse or a carer.

Advance Care Directive

In Tasmania there is no law relating to advance care planning documents, but an Advance Care Directive is recognised by common law as being valid. It only comes into effect if you are unable to make your own decisions.

Your Advance Care Directive allows you to refuse or withdraw medical treatment and consent to commencement of treatments. You can use the recommended form or similar when completing your plan.

We recommend that you regularly review your Advance Care Directive. Usually, health professionals are obliged to comply with the preferences stated in your Advance Care Directive, so ensure it is kept up to date.

If you want to change your Advance Health Directive, make a new one to revoke the existing directive. We encourage you to upload your Advance Health Directive to My Health Record and give a copy to your substitute decision-maker, GP and/or hospital.

Tasmanian Department of Health and Human Services also recommends the use of the medical Goals of Care Plan regarding limitations of treatment. 

A person who wants to amend their plan should be encouraged to rewrite their advance care directive to revoke the existing plan however this is not a legislated requirement.
The common law applies. If the advance care directive complies with the common law requirements, a health care professional should comply with it.
In Tasmania there is no legislation regarding the recording of mental health preferences, however preferences may be recorded on the Advance Care Directive.

An Advance Care Directive made in Tasmania will apply in:

  • South Australia (if it complies with South Australian law).
  • Northern Territory (as long as the substitute decision-maker works within Northern Territory requirements).
  • Queensland (if it meets the Queensland Advance Health Directive requirements).
  • Western Australia (if an order is made by the State Administrative Tribunal to recognise the plan).
  • Victoria (from 12 March 2018) (if it complies with Victorian law it will be recognised as a values directive).

Please contact the Office of the Public Guardian for more information if you wish.


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.