Rules for advance health directives
Part of the Powers of Attorney and guardianship topic
Understand the rules you must follow when making an advance health directive in Queensland.
In short
An advance health directive lets you plan your future health care. It applies if you lose the capacity to make decisions.
You can use it to:
- set out your future health care preferences
- help make sure your wishes are respected if you lose capacity.
- appoint someone you trust to make health care decisions on your behalf
If you don't follow these rules, your directive may not be valid. If this happens, decisions may be made by either:
- a statutory health attorney
- the Queensland Civil and Administrative Tribunal.
You must
To make an advance health directive you must:
- be 18 years or older to make an advance health directive
- have the capacity to understand what the directive means and does
- make the directive freely and voluntarily, without pressure from anyone
- sign the directive, and have your doctor sign it, in front of an eligible witness
- refer to the advance health care explanatory guide [PDF] when completing the form
- use the current advance health directive form [PDF]
- take reasonable steps to tell your attorney(s) (if appointed) if you end your directive.
You cannot
You cannot make an advance health directive if you:
- are under 18 years old
- don't have capacity to understand what the advance health directive means or does
- are being forced or pressured into making an advance health directive
- want to appoint an attorney for health matters but they have not agreed or signed the document
- are using an outdated advance health directive form.
Exceptions and special circumstances
You can end your advance health directive at any time, provided you have the capacity to do so.