Advanced Care Directives
An Advance Care Directive (ACD) is a legally binding document that is a person's set of instructions about their future health care and treatment, along with beliefs, values and goals. It is sometimes called a "living will". A person may give an Advance Care Directive to set out what health care treatments they would like to receive or refuse if they lose capacity to make those decisions themself.
An ACD can be used to make specific decisions about future treatment including consenting in advance to treatment, but more commonly involves refusing treatment.
The ACD may also express preferences about medical treatment and care such as goals of care, wanting to die at home rather than in a hospital, and personal values (spiritual, religious or cultural beliefs relevant to the person's care).
The directions in the ACD are legally binding and health practitioners are required to follow those instructions, provided the instructions are clear, medically appropriate and any refusal of treatment applies to the circumstances at hand. If a guardian is appointed (including an Enduring Guardian), they must also follow the instructions given in the ACD.
When an Enduring Guardian is appointed by the person who has an ACD, the Enduring Guardian must confirm they have obtained a copy of the ACD and understood its contents.
In Tasmania the law that governs ACDs is the Guardianship and Administration Act 1995. Each state and territory has its own legislation. An ACD must be completed using the approved form from the Tasmanian Health Service. The form can be found at: Advance care directive form | Tasmanian Department of Health
To make an ACD, the person needs to be able to make decisions for themselves (known as decision-making ability), as well as understand what an ACD is, and the potential consequences of making one. It must also be made by the person freely and voluntarily, br written in English, and be witnessed.
Discussing the ACD with the person's treating GP is an important part of completing an ACD, as well as talking with family and others involved in providing care to the person.
Any assistance given with filling out the form must be by a trusted person, and that person must follow the directions and wishes of the person who is giving the ACD. A qualified interpreter is required if help is needed to write the ACD in English.
Once completed, the original copy of the ACD should be kept at the person's home where it can be easily found, as well as copies given to family, the guardian, the GP, and anyone else involved in providing care.
A copy can be uploaded to My Health Record through the MyGov website. It can also be registered with the Tasmanian Civil and Administrative Tribunal (TASCAT) by completing the ACD Registration Application Form: Microsoft Word - Application for Registration of ACD.docx (tascat.tas.gov.au)
An ACD focuses on the future health care of a person, it does not give directions about financial or property matters. For these matters, an Enduring Power of Attorney can be appointed to manage finances and property when decision-making ability is impaired. A Will is used to manage as estate after death.
Further information: