Queensland Advance Care Planning Forms
Article by Spranklin McCartney Lawyers
Advance care planning is an important process that helps you make decisions about your future health care, ensuring your wishes are respected if you’re unable to communicate them later.
In Queensland, there are several forms available to record these choices, each serving a different purpose.
- Advance Health Directive;
- Enduring Power of Attorney; and
- Statement of Choices.
The only form that isn’t legally binding is number 3 above, the Statement of Choices.
- Advance Health Directive (AHD)
An AHD is a legally binding document that outlines your preferences for medical treatment and health care in specific situations. Notably, the AHD is only used when you cannot make decisions for yourself or tell people your wishes and directions.
To execute an AHD, you must complete certain sections of the form with your doctor, who then signs their respective section of the form.
It can include directions for treatment and appoint an attorney for health matters and can be revoked at any time while you have capacity, in writing.
- Enduring Power of Attorney (EPOA)
An EPOA is a legal document that appoints someone you trust to make decisions on your behalf about personal and/or financial matters. You can specify when the power to make decisions for your financial and legal matters comes into effect for your attorney but not for health decisions as that power comes into effect once you have lost capacity to make the decisions yourself.
You can also specify what decisions they should make and under what conditions.
To revoke an EPOA, you must complete a revocation form and notify all of your appointed attorneys of the revocation.
- Statement of Choices
A Statement of Choices is a non-binding document that records your values and preferences for health care. It acts as a guide for decision-makers but does not provide consent or refusal of treatment in serious medical situations.
Distinct from the legally binding documents listed at 1 and 2 above, the Statement of Choices consists of 2 parts, one which is for individuals with decision-making capacity and one which is for those without capacity, completed by a substitute decision-maker.
One thing to note is that the forms are State specific, so it is important to ensure you have the correct forms.
If you require assistance in completing a new Advance Health Care Directive or Enduring Power of Attorney, or need advice on an existing document, don’t hesitate to contact our friendly team.
