Advance Care Directive (Australia): Template, Validity, and Where to Lodge

An Advance Care Directive (ACD) is a legal document that outlines your preferences for future medical care should you become unable to communicate or make decisions. In Australia, these important documents help ensure your wishes are respected while reducing stress for loved ones facing difficult healthcare decisions on your behalf. This comprehensive guide explores how to create a valid Advance Care Directive in Australia, including state-specific requirements, essential elements to include, and the proper procedures for ensuring your directive will be followed when needed.

What Is an Advance Care Directive and Why It Matters

An Advance Care Directive is a legally recognised document that allows you to specify your healthcare preferences in advance, particularly for end-of-life or serious illness situations where you may lose decision-making capacity. It serves as your voice when you cannot speak for yourself.

According to Advance Care Planning Australia, these documents are fundamental components of advance care planning—a broader process that involves thinking about, discussing, and documenting your healthcare preferences. While conversations with loved ones are valuable, formally documenting your wishes provides clearer guidance to healthcare professionals and family members during critical situations.

ACDs can address various aspects of medical care, including:

• Life-sustaining treatments you would accept or refuse
• Specific medical interventions you consent to or decline
• Quality of life considerations that should guide treatment decisions
• Values and beliefs that should inform your care
• Appointment of a substitute decision-maker (sometimes called a medical treatment decision-maker)

Research from the Australian Department of Health shows that having an ACD in place significantly reduces family distress when making medical decisions, increases the likelihood that your wishes will be respected, and often leads to care that better aligns with your personal values and preferences.

State-by-State Requirements for Validity

Australian Advance Care Directive requirements vary significantly between states and territories, making it essential to follow the specific guidelines for where you live.

New South Wales

In NSW, Advance Care Directives are recognised under common law rather than specific legislation. To be valid:

• You must have decision-making capacity when creating the document
• The directive should be clear and specific about treatments
• It should be current and relevant to your situation
• Ideally, it should be discussed with your GP and regularly updated

Forms and guidance are available through NSW Health, though you're not required to use a specific form.

Victoria

Victoria has formal legislative recognition for ACDs under the Medical Treatment Planning and Decisions Act 2016. Requirements include:

• You must be an adult with decision-making capacity
• The document must be witnessed by two adults, including one medical practitioner
• It can include instructional directives (specific instructions) and/or values directives (general preferences)
• Official forms are available through Better Health Channel

Queensland

In Queensland, ACDs are governed by the Powers of Attorney Act 1998. Valid directives must:

• Be completed on the official form
• Be signed by the person and a doctor who confirms capacity
• Include a certificate signed by a doctor confirming the person understood the document
• Be witnessed by an eligible witness (such as a JP, lawyer, or notary public)

Forms are available through Queensland Health.

South Australia

South Australia's legislation provides for several advance care planning documents under the Advance Care Directives Act 2013:

• Must use the official form
• Requires at least one independent witness
• Can appoint one or more substitute decision-makers
• Must include a statement that you understand the implications

Forms and information are available through SA Health.

Western Australia

Western Australia's framework falls under the Guardianship and Administration Act 1990:

• Must be in writing
• Must be signed by the person and two witnesses
• Neither witness can be a beneficiary or immediate family member
• One witness must be a person authorised to witness statutory declarations

Information and forms are available through WA Health.

Tasmania

Tasmania recognises Advance Care Directives through common law principles. While there is no specific legislation:

• The directive should be in writing
• Should be signed and dated
• Ideally witnessed
• Should be regularly reviewed and updated

Forms and guidance are available through Tasmanian Department of Health.

Northern Territory

The NT recognises Advance Personal Plans under the Advance Personal Planning Act 2013:

• Must be in the approved form
• Signed by the person making it
• Witnessed by an authorised witness who confirms capacity
• Can include both treatment decisions and values statements

Forms are available through NT Health.

Australian Capital Territory

The ACT's Health Records (Privacy and Access) Act 1997 recognises Advance Care Planning documents:

• Should be in writing
• Should be signed and dated
• Ideally witnessed
• Should include specific treatment instructions where possible

Forms and information are available through ACT Health.

Meet your Legacy Assistant — Charli Evaheld is here to guide you through your free Evaheld Legacy Vault so you can create, share, and preserve everything that matters — from personal stories and care wishes to legal and financial documents — all in one secure place, for life.

Essential Elements to Include in Your Directive

Regardless of your state or territory, certain core elements make an Advance Care Directive more effective and comprehensive.

Personal Information

Ensure your document clearly identifies you with:

• Full legal name
• Date of birth
• Current address
• Medicare number
• Contact details
• GP information

This basic information helps healthcare providers verify they're referring to the correct directive.

Medical Treatment Preferences

This section forms the heart of your directive, addressing specific treatments you would accept or refuse:

Life-sustaining treatments:

• Cardiopulmonary resuscitation (CPR)
• Mechanical ventilation
• Artificial nutrition and hydration
• Kidney dialysis
• Antibiotics for life-threatening infections

Specific conditions: Consider addressing preferences for common serious conditions:

• Severe stroke with significant disability
• Advanced dementia
• Permanent unconsciousness (persistent vegetative state)
• Terminal illness
• Severe, irreversible brain injury

Pain management and comfort care: Specify your wishes regarding:

• Pain medication, even if it might hasten death
• Palliative sedation for uncontrollable symptoms
• Comfort measures and quality of life priorities

Palliative Care Australia recommends focusing on outcomes rather than specific medical procedures when possible. For example, instead of just refusing ventilation, explain the quality of life you would find acceptable or unacceptable.

Values and Beliefs Statement

This section provides context for interpreting your specific medical wishes:

• Religious or spiritual beliefs affecting medical decisions
• Cultural considerations important to your care
• Quality of life factors most important to you
• What gives your life meaning and purpose
• Circumstances you would find worse than death

Research from the Medical Journal of Australia shows that values statements help guide decisions in situations you might not have specifically anticipated.

Appointment of Substitute Decision-Maker

In most states, you can appoint someone to make medical decisions if you cannot:

• Full name and contact details of your primary decision-maker
• Full name and contact details of alternate decision-makers
• Specific powers granted to your decision-maker
• Any limitations on their decision-making authority
• Whether they can access your medical records

Ensure this section aligns with your state's specific requirements, as some states require separate forms for appointing decision-makers.

Special Requests and Preferences

Consider including:

• Preferred place of care (home, hospital, hospice)
• Cultural or religious rituals important during illness or after death
• People you would want to be present (or not present)
• Music, readings, or environmental preferences
• Organ and tissue donation wishes

Witness Statements and Signatures

Follow your state's specific requirements for:

• Number of witnesses required
• Qualifications needed for witnesses
• Specific witness declarations
• Placement of signatures
• Dating requirements

Secure storage solutions for your directive

Having a well-crafted Advance Care Directive is only effective if it can be located when needed. Consider these storage and accessibility approaches:

Personal Storage Options

Keep copies in logical locations:

• With your important documents at home (clearly labeled)
• In your refrigerator in a clearly marked envelope (paramedics often check there)
• In your wallet or purse (a card indicating you have an ACD)
• Digital copies in secured but accessible cloud storage
• With trusted family members or close friends

Medical Record Registration

Ensure your directive is available to healthcare providers:

• Register it with your GP and specialists
• Upload to My Health Record (Australia's national electronic health record system)
• Provide copies to your local hospital if you have chronic conditions
• Consider private digital storage with emergency access features
• Include with pre-admission paperwork for planned hospitalizations

Official Registration Systems

Several states offer official registration systems:

• South Australia: Advance Care Directive Registry
• Northern Territory: Advance Personal Plan Register
• ACT: Health Record (through your healthcare provider)

Even in states without official registries, ensure your directive is:

• Noted in your My Health Record
• On file with your regular healthcare providers
• Known to your substitute decision-maker

Accessibility Considerations

Ensure your directive can be accessed when needed:

• Tell family members and close friends where copies are stored
• Provide your substitute decision-maker with multiple copies
• Consider a QR code linking to a digital copy (for wallet card)
• Review storage locations annually to ensure accessibility
• Update all stored copies when you make changes

Advance Care Planning Australia recommends maintaining a list of everyone who has a copy of your directive to facilitate updates if you make changes.

Keep what matters most safe, organised, and always accessible — store important documents securely in your free Evaheld Legacy Vault to share passwords, birth certificates, and passports with loved ones and trusted advisers.

Template: Basic Advance Care Directive Framework

While you should use your state's official form when available, this template provides a general framework for understanding the key components of an Advance Care Directive:

ADVANCE CARE DIRECTIVE

1. PERSONAL DETAILS

Full Name: [Your full legal name]

Date of Birth: [DD/MM/YYYY]

Address: [Your current residential address]

Medicare Number: [Your Medicare number]

Contact Number: [Your phone number]

GP Name and Contact: [Your doctor's details]

2. CAPACITY STATEMENT

I, [Your Name], make this Advance Care Directive voluntarily and understand that it will be used to guide my medical care if I become unable to make or communicate decisions. I am over 18 years of age and have decision-making capacity at the time of signing this document.

3. APPOINTMENT OF SUBSTITUTE DECISION-MAKER (if applicable in your state)

I appoint the following person(s) to make medical treatment decisions on my behalf if I am unable to do so:

Primary Decision-Maker:

Name: [Full name]

Relationship: [Relationship to you]

Contact: [Phone and email]

Alternate Decision-Maker (if primary is unavailable):

Name: [Full name]

Relationship: [Relationship to you]

Contact: [Phone and email]

4. MEDICAL TREATMENT DECISIONS

If I am unable to make or communicate my own decisions, and have a terminal illness, irreversible condition with no reasonable prospect of recovery, or am permanently unconscious:

I DO CONSENT to the following treatments:

• [List treatments you would accept]

I DO NOT CONSENT to the following treatments:

• [List treatments you would refuse]

Specific Situations:

• If I have a severe, irreversible brain injury with no reasonable prospect of recovery, I [do/do not] want the following treatments: [List specific treatments]

• If I have end-stage dementia and cannot recognize my loved ones, I [do/do not] want the following treatments: [List specific treatments]

5. VALUES AND BELIEFS STATEMENT

The following values and beliefs should guide decisions about my care:

• [Religious or spiritual beliefs relevant to medical care]

• [Cultural considerations]

• [Quality of life factors important to you]

• [What gives your life meaning]

For me, an acceptable quality of life includes:

• [Describe circumstances you would find acceptable]

I would find the following circumstances unacceptable:

• [Describe circumstances you would find worse than death]

6. ADDITIONAL REQUESTS

• Preferred place of care: [Home/Hospital/Hospice/Other]

• People I would like present: [Names]

• Other requests: [Any additional preferences]

• Organ donation wishes: [Your preferences]

7. SIGNATURES

Person Making Directive:

Signature: ___________________ Date: ______________

Witness 1:

Name: ______________________

Signature: ___________________ Date: ______________

Witness 2 (if required by your state):

Name: ______________________

Signature: ___________________ Date: ______________

Medical Practitioner (if required by your state):

Name: ______________________

Registration Number: __________

Signature: ___________________ Date: ______________

Keeping Your Directive Current and Valid

An outdated Advance Care Directive may not accurately reflect your current wishes or may be questioned by healthcare providers. Establish a regular review process:

When to Review Your Directive

The Royal Australian College of General Practitioners recommends reviewing your directive:

• Annually, even if no changes are needed
• After any significant health diagnosis
• Before major surgery or medical procedures
• If your values or treatment preferences change
• When family circumstances change significantly
• If you relocate to a different state or territory
• After changes in relevant legislation

How to Update Your Directive

When changes are needed:

• Complete a new directive rather than altering the existing one
• Follow your state's formal requirements for the new document
• Clearly date the new directive
• Write "revokes previous directive dated [date]" on the new document
• Destroy or clearly mark previous versions as superseded
• Update all locations where your directive is stored
• Inform all relevant people about the update

Communicating About Your Directive

Regular communication supports the effectiveness of your directive:

• Schedule annual conversations with your substitute decision-maker
• Discuss your directive during routine medical appointments
• Inform new healthcare providers about your directive
• Update family members about any changes to your wishes
• Consider recording a video explaining your values and reasoning

Common Challenges and Solutions

Even well-prepared Advance Care Directives can face implementation challenges. Understanding common issues helps you develop more effective documents.

Vague or Contradictory Instructions

Challenge: Directives with unclear statements like "no heroic measures" or contradictory wishes create confusion.

Solution:

• Use specific, concrete language about treatments
• Explain your understanding of medical terms you use
• Provide context through your values statement
• Have a healthcare professional review for clarity
• Consider discussing specific scenarios with your doctor

Interstate Recognition Issues

Challenge: Moving between states can create uncertainty about directive validity.

Solution:

• Update your directive when moving interstate
• Use the new state's official forms
• Include your previous directive as an attachment
• Ensure your substitute decision-maker understands interstate issues
• Register with new state systems when available

Disagreement Among Family Members

Challenge: Family members may disagree about interpreting your wishes or may challenge your directive.

Solution:

• Discuss your directive with family members in advance
• Clearly document your decision-making capacity
• Consider having your GP confirm your capacity
• Explain your reasoning for key decisions
• Appoint a decisive substitute decision-maker you trust

Emergency Situation Access

Challenge: In emergencies, healthcare providers may not know about or have access to your directive.

Solution:

• Wear a medical alert bracelet mentioning your ACD
• Carry a wallet card with directive information
• Ensure your My Health Record is updated
• Register with state systems where available
• Tell ambulance services in advance if you have chronic conditions

The Australian Commission on Safety and Quality in Health Care provides additional strategies for addressing these common challenges.

Next Steps: Creating Your Advance Care Directive

Follow this step-by-step process to create your Advance Care Directive:

1. Research your state's requirements using the links provided in this guide to ensure compliance with local regulations.
2. Reflect on your values and preferences regarding medical treatment, quality of life, and end-of-life care. Consider what matters most to you.
3. Discuss your thoughts with family members, close friends, and healthcare providers to refine your understanding and preferences.
4. Choose your substitute decision-maker(s) carefully and have detailed conversations about your wishes.
5. Complete the appropriate forms for your state or territory, ensuring all required sections are addressed.
6. Arrange for proper witnessing according to your state's requirements.
7. Distribute copies to relevant people and organizations, including your GP, specialists, hospital, substitute decision-maker, and close family.
8. Register your directive with appropriate systems, including My Health Record and state registries where available.
9. Schedule regular reviews to keep your directive current and relevant to your circumstances.

By creating a comprehensive, clearly written Advance Care Directive that follows your state's requirements, you provide invaluable guidance to those who may need to make decisions on your behalf. This document serves as your voice when you cannot speak for yourself, ensuring that your care aligns with your values and preferences even in challenging circumstances.

Future-Proof Your Family’s Story with the Evaheld Legacy Vault

Imagine a single, permanent home for your life's most precious layers: the laughter in your stories, the wisdom in your wishes, and the clarity of your care plans. The Evaheld Legacy Vault is that home—a guaranteed sanctuary for your legacy, designed to outlive the digital noise and ensure your voice is heard for generations.

This is more than storage; it's the one account your family will thank you for creating.

Take control of what matters most — set up your free Evaheld Legacy Vault to keep your stories, care wishes, and essential documents safe, organised, and instantly shareable with loved ones and advisers, for life.

Get Your Vault Running in Minutes with Charli, Your AI Legacy Preservation Assistant

Stop feeling overwhelmed. Charli is your proactive guide who simplifies every step—from setting up your vault and inviting family members to sending smart content requests and helping you articulate your stories. She doesn't just help you write; she helps you build, ensuring your entire legacy is preserved efficiently and authentically.

Your All-in-One Legacy Solution

• Preserve a Rich, Living History: Build a first-person narrative with video messages, audio recordings, legacy letters, and recipes—a digital heirloom where your wisdom and memories are kept safe and searchable.
• Co-Create in Family Rooms: Spark conversations and gather memories together in shared, collaborative spaces. It’s a living scrapbook that grows with every contribution from your family.
• Simplify Every Step with Charli, Your AI Legacy Preservation Assistant: From onboarding and inviting family to sending content requests and articulating your stories, Charli provides proactive guidance throughout your entire legacy-building journey—ensuring nothing is forgotten while keeping the process effortless.
• Honour Your Care Wishes: Complete your legally valid Digital Advance Care Directive with our intuitive tool. Grant loved ones and clinicians instant, secure access, ending frantic document searches for good.
• Grant Emergency Access in Seconds: Share or print your unique QR Emergency Access Card. A single scan gives first responders immediate access to your directives, enabling faster, better-aligned care when every second counts.
• Safeguard Every Essential Document: Consolidate your will, power of attorney, superannuation details, and more in one bank-grade encrypted vault. Your family will always find what they need, securely.

How to Secure Your Legacy in Minutes

1. Start Your Free Vault: Claim your personal, secure space in under a minute. No cost, no commitment.
2. Add Your People & Open Rooms: Invite family to shared Rooms to begin co-creating your story and sending content requests.
3. Build Your Legacy: Use your built-in AI assistant to help capture memories and refine your messages. Upload documents and record your care wishes. Your voice, preserved forever.

Why Thousands Are Choosing Evaheld

By starting your free Evaheld Legacy Vault, you gain:

• A Living Time Capsule — preserve your family’s identity, values, and care choices in one lasting digital home.
• With Charli, Your AI Assistant, Preserving Your Story is Effortless
• Ease & Organisation — everything important, easily shared and always up to date.
• Peace of Mind for All Generations — loved ones know exactly what you wish, and where to find it.
• Free to Begin, Forever to Keep — create your vault now and secure lifetime access

Watch our Founder's Story to learn why we’re so passionate about Legacy Preservation and Advance Care Planning

The Best 3 Resources to Get Started

• Create Your Legacy Statement in 10 Minutes Flat
  
• Legacy Letters for Grandchildren
  
• Learn how to preserve your family legacy today—simple steps, meaningful impact, lasting connection.

Start Your Vault — It’s Free and Forever Yours

Building your Evaheld Legacy Vault takes minutes — and protects your stories, care plans, and family legacy for generations. Give your loved ones the greatest gift of all: peace of mind that never expires.

Create your free Evaheld Legacy Vault today — safeguard your memories, protect your wishes, and keep your story alive forever.

Our Promise: No One Left Behind

Evaheld’s “Connection Is All We Have” Hardship Policy ensures that financial barriers never silence a story. If you or someone you love needs assistance, we’ll help you secure your vault — because every life, every voice, and every legacy deserves to be remembered, honoured, and preserved.