Advance Health Directives QLD - explained!

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Hi everybody - George Sourris, Empire Legal.

Today's topic: Advance Health Directives Queensland 

Today we're talking about Advance Health Directives for Queensland. Thank you to the Queensland Government for supplying today's information. At some point in the future, you may be unable to make decisions about your health care, even temporarily.

This might be due to an accident, dementia, a stroke, or a mental illness.  An Advance Health Directive allows you to:

• give directions about your future health care;
• make your wishes known, and give health professionals direction about the treatment that you want; and
• appoint someone that you trust, an attorney, to make decisions about healthcare on your behalf. 

Making an Advance Health Directive. Who can make one? 

To make an Advance Health Directive, you must be 18 or older and have capacity to understand the nature and effect of the Advance health directive. This means that you need to understand:  

• the nature and likely effects of each direction in your Advance health directive;
• that a direction operates only when you don't have capacity to make decisions about your healthcare covered by the direction;
• that you may revoke a direction at any time that you have capacity to make a decision for the matter covered by the direction; and
• that at any time you don't have capacity to revoke a direction, you'll be unable to effectively oversee the implementation of a direction. 

You must also be able to make the Advance Health Directive freely and voluntarily, not due to pressure from someone else. Your Advance Health Directive must be signed by your doctor and by you in the presence of an eligible witness.  In signing the Advance Health Directive, the doctor and witness are certifying that you appear to have capacity to make the Advance Health Directive.

To learn more about capacity to make an Enduring Power of Attorney, see Section 6 of the Capacity Assessment Guidelines.

Alright, so when should I make an Advance Health Directive?

The best time to make one is now, before any urgent health conditions arise. However, it's particularly important to make one if:

• you're about to be admitted to hospital.
• Your medical condition is likely to affect your ability to make decisions. 
• If you have a chronic medical condition that could cause serious complications for example diabetes, asthma, heart attack, kidney disease  

Preparing to make your Advance Health Directive

Before you complete an Advance Health Directive, read the Advance Health Directive Form and Explanatory Guide. 

You should also think about your views, wishes and preferences for your future healthcare. Talk to your family and friends, talk to your doctor. They will have access to your medical history, they can help you understand how a particular illness may affect you, and of course they can discuss treatment options and the effects of those treatments.

If you plan to appoint an attorney for health matters, consider what you want to appoint and talk to them about it. 

Accessing the form.

So you can download a free copy of the Advance Health Directive form straight off the government website. Paper copies can be also purchased from news agents or stationary suppliers throughout Queensland. You can also print out a copy at your library. 

Completing the document.

There's a guide to help you complete the form. It steps you through each of the questions and gives you useful information, practical examples, hints and tips.  A doctor will need to complete part of the form so you can ask them to explain your options and any unfamiliar terms.

The doctor will assess your capacity to make the Advance Health Directive and may charge a consultation fee. So after your doctor signs, you need to sign the form in the presence of one of these witnesses. 

A Justice of the Peace, a Commissioner for Declarations, a Notary Public or a Lawyer. While your eligible witness does not need to sign the form in front of your doctor, if you and the witness sign the Advance Health Directive as soon as possible after the doctor signs it, this helps to confirm your capacity to make the Advance Health Directive. 

If your Advance Health Directive appoints an attorney/s for health matters, these attorney/s must sign the documents to accept their appointment after you and the witness have signed the document. Your attorney/s do not have to do this immediately. However, they must sign it before they can start making decisions on your behalf. 

Alright, so you've filled out the form. What's next? 

Well, good news. You don't have to register it anywhere once you've completed it. However, it's strongly recommended that you:

• keep the original form in a safe place;
• let your close family and friends know that you've made an Advance Health Directive and where to find it; and
• give a certified copy to your attorney/s (if appointed), doctor, other health providers, bank or lawyer.This may include your local hospital where they may add it to the patient file.

How to cancel an Advance Health Directive. 

You can revoke or cancel your Advance health directive at any time you have capacity to do so. You don't need to complete a specific form to cancel it. However, any revocation must be in writing, and you need to take all reasonable steps to advise any attorney or attorneys that it's been revoked. 

To learn about circumstances where your directive may be revoked or cancelled, there's a section in the explanatory guide, page 19.  

What your attorney must do.

An attorney has important legal duties and obligations they must comply with. It's strongly recommended that a person seeks advice from a professional - e.g. a lawyer, when considering whether to accept an appointment as an attorney. It is an onerous job. 

If you don't have an Advance Health Directive

A statutory health attorney may make health care decisions on your behalf if you have not:

• made an advance health directive
• appointed an attorney for health care matters under an advance health directive or an attorney for personal (including health care) matters under an enduring power of attorney
• had a guardian appointed for health care matters by the Queensland Civil and Administrative Tribunal (QCAT).

The role is not necessarily ongoing. If you get capacity back, that role will end.

But basically guys, having an Advance Health Directive is a big deal, and should be seriously considered. It is one of those things where no one thinks about it until it's a problem. And then once it's a problem, it's too late.

So your local lawyer can help you. We absolutely can help you. We're experts in this with creating an Advance Health Directive. Spend a few minutes, upskill yourself, get one sorted, so that in the event that something happens to you, the right people can help you and make decisions based on your wishes!

That is all for this week. Thank you everybody. 

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George Sourris. Empire Legal.

If you have any questions, you can email me: george@empirelegal.com.au. 

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Thanks for reading everybody. See you on the next one.

Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Brisbane, Queensland, Australia.

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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.