Health Directives

Advance Health Directive (AHD)

An Advance Health Directive (AHD) (sometimes called a living will) is a formal way to give instructions about your future health care. It comes into effect only if your cognitive health deteriorates and you become unable to make your own decisions (i.e. lose capacity to make decisions).

For more information including:
  • What an AHD includes
  • Who can make one
  • When to make one
  • How to make one
  • Specific instructions you can include
  • What to do with your AHD
Go to: https://www.qld.gov.au/law/legal-mediation-and-justice-of-the-peace/power-of-attorney-and-making-decisions-for-others/advance-health-directive

AHD Form Link

AHD Form – Download from Qld Gov Website

NOTE: The current form is under review by Queensland Government, with new versions due in 2020. Any current documents which have been validly completed will remain valid legal documents.

Clinical Guidelines, Forms and Requirements – Qld Health Documents

Treatment and Care Documents – Clinical Practice Guidelines for AHD (Queensland Health)

Advance Care Planning – Clinical Practice Guidelines (Queensland Health)

More AHD information

Advance Care Planning  – Advance Care Plan Qld

Public Guardian Qld – Advance Health Directive

Reference: https://www.qld.gov.au/health/mental-health/rights/decision

Advance Health Directive for Mental Health (AHD-MH)

An Advance Health Directive for Mental Health (AHD-MH) is a document that allows people to make decisions for themselves about their own healthcare.

This document can be used at a future time if they become unwell and are unable to make certain decisions. Under an AHD, people can:
  • agree to the treatment and care they would like to receive
  • state the treatment and care they do not want to receive
  • appoint another person to make decisions about their treatment and care
  • express their views, wishes and preferences about healthcare and personal matters.
Individuals can make an advance health directive at any time they are well and able to make decisions. To make an ADH-MH, it should be discussed with a doctor who understands the individuals mental health.

AHD-MH Form link and Video

AHD-MH Guide and Form – Download from Queensland Health Website

Video – How to Complete the AHD-MH Form

More Information About AHD-MH

Video – What is the AHD-MH? (Qld Health)

Video – Advance Health Directives for Mental Health

AHD Brochure (Queensland Health)

Clinician Training Slides – AHD MH

Consumer Resources ADH-MH and Webinar

Office of Public Guardian

ELDAC – End of Life Directions for Aged Care

Advance Care Planning – An Advance Care Directive (Directive) is an instruction that a person with capacity makes about future health care decisions. It can be used to:
  1. make specific decisions about future treatment. This can include consenting in advance to treatment but more commonly involves refusing treatment, even if that might result in death.
  2. express general wishes (for example goals of care, or wanting to die at home rather than in hospital) and personal values (spiritual, religious or cultural beliefs relevant to the person’s care).
  3. in most states and territories, appoint a substitute decision-maker to make future health care decisions if the person loses capacity.
NB. In Queensland these are called Advance Health Directives. To make an advance Health Directive a person must be over the age of 18 and have capacity.

Reference and Factsheets: Factsheet – Advance Care Planning

Power of Attorney Act 1998

s42 Principal’s capacity to make an advance health directive

1. A principal may make an advance health directive, to the extent it does not give power to an attorney, only if the principal understands the following matters—

(a) the nature and the likely effects of each direction in the advance health directive;

(b) a direction operates only while the principal has impaired capacity for the matter covered by the direction;

(c) the principal may revoke a direction at any time the principal has capacity for the matter covered by the direction;

(d) at any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction.

Note— If there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood these matters.

2. A principal may make an advance health directive, to the extent it gives power to an attorney, only if the principal also understands the matters necessary to make an enduring power of attorney giving the same power.

Note— See section 41 (Principal’s capacity to make an enduring power of attorney).

Reference: Power of Attorney Act 1998 (Qld)
You may also be interested in

RESOURCES

Advance Health Directive (AHD) Form (pdf)
Advance Health Directive for Mental Health (AHD-MH)– Form and Guide (pdf)
Healthcare Hierarchy in Queensland (PDF)

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