Advanced Health Directives
An Advanced Health Directive (AHD) is a valuable legal document that forms part of comprehensive estate planning in Queensland. While it is often mentioned in the same conversation as an Enduring Power of Attorney (EPOA), the two serve different purposes. The AHD specifically addresses your preferences and directions regarding medical treatment and healthcare, particularly at the end of life.
In this article, we explore the role of the Advanced Health Directive in Queensland, when it’s appropriate to create one, and why it's a critical planning tool for individuals facing significant health decisions.
What Is an Advanced Health Directive?
An Advanced Health Directive is a formal document that allows you to give legally binding directions about your future healthcare, including decisions about life-sustaining treatment. It’s available as a form on the Queensland Government website and must be signed by both a doctor and an eligible witness (typically your solicitor).
This document is particularly useful for people who are:
Entering aged care or a retirement facility
Living with a terminal illness or serious health condition
Elderly and wish to take proactive control over their healthcare decisions
Unlike the Enduring Power of Attorney, which appoints someone to make health decisions for you if you lose capacity, the AHD allows you to give clear and specific instructions in advance.
Who Needs an Advanced Health Directive?
Not everyone needs an AHD. At Vicca Law, we usually recommend this document to clients in specific circumstances. These include:
Clients who are entering a nursing home or retirement community and are required to provide one
Older individuals who have considered their preferences around end-of-life care
People with terminal illnesses or chronic medical conditions
For clients outside these categories, we often suggest reviewing the AHD form before committing. The form is detailed and asks you to think through serious medical decisions such as whether you would consent to artificial nutrition, resuscitation, or ventilation. These are often situations that are not commonly faced in circumstances where you are generally young and healthy. Regardless, we always recommend you speak with your closest loved ones about these types of decisions and what you might want to happen.
What Does the Document Cover?
The AHD is divided into several key sections that help you outline your healthcare views and preferences:
Your Medical Background: You can list major health conditions and current treatments.
Personal Values and Preferences: This section allows you to detail what is important to you in terms of medical care—cultural or religious beliefs, fears, wishes around pain management, or quality of life considerations.
Life-Sustaining Treatment: You will be asked to consider your preferences regarding treatments such as:
Cardiopulmonary resuscitation (CPR)
Assisted ventilation
Artificial hydration or nutrition
Antibiotics and other life-support options
This section must be completed in consultation with your treating doctor. Your GP will explain each treatment and help you understand what it means to consent or refuse it in future medical situations.
4. Who Should Be Involved in Decisions: You can list people you want included—or excluded—from future medical decisions about your care. This is particularly useful in families with complex dynamics or estranged relatives.
5. Additional Healthcare Instructions: You can include any other instructions that might be relevant, such as preferences around blood transfusions or palliative care.
How Does It Work with an Enduring Power of Attorney?
If you already have an Enduring Power of Attorney in place, you are not required to appoint attorneys again in your Advanced Health Directive. Most of our clients use the AHD to document their personal medical preferences and rely on the attorneys appointed in their EPOA to make decisions not covered by the directive.
The two documents work hand-in-hand to give a complete picture of your healthcare and legal wishes.
Why This Document Matters
An Advanced Health Directive ensures that your wishes are known and respected at a time when you may no longer be able to communicate them. It also relieves your loved ones from the burden of making painful medical decisions during moments of emotional stress or grief.
Without clear guidance, attorneys may face uncertainty or disagreement—especially when family members have differing opinions. With an AHD in place, you reduce confusion, prevent disputes, and give your family peace of mind.
It’s also important to regularly review and update your directive. Circumstances change, and your views on medical treatment may evolve. If a doctor or attorney finds that your current views differ significantly from your AHD, this could create confusion or conflict. Keeping the document current helps ensure that your instructions reflect your true wishes.
Final Thoughts
An Advanced Health Directive is a powerful planning tool—but it’s not for everyone at every stage of life. For those facing serious health concerns or who want more control over their future healthcare, it can offer clarity, autonomy, and peace of mind.
If you’re considering an Advanced Health Directive, or you’re an attorney acting under one and need advice, Vicca Law can help. Book a free 15-minute consultation and we’ll guide you through the process with clarity and care.