Advance Care Directives in Australia: planning your medical treatment in advance
What is an Advance Care Directive?
An Advance Care Directive (ACD) — also called an Advance Care Plan or Living Will — is a legal document you complete while you have decision-making capacity, recording your wishes about medical treatment and healthcare for the future. It applies if you later lose the ability to make or communicate decisions — for example, due to serious illness, a major accident, severe dementia, or end-of-life conditions.
An ACD helps doctors and family members understand what you would want, reducing the burden on loved ones in a crisis.
How does an ACD differ from a Will and Power of Attorney?
| Document | When it applies | What it covers |
|---|---|---|
| Will | After death | Assets, finances, guardianship of children under 18 |
| Enduring Power of Attorney (EPOA) | While alive but lacking capacity | Financial and property decisions |
| Advance Care Directive | While alive but lacking capacity | Medical treatment and healthcare decisions |
All three are complementary — ideally prepared together while you are in good health.
State names and legislation
Each state and territory has its own laws and terminology:
| State/Territory | Document name |
|---|---|
| NSW | Advance Care Directive |
| VIC | Advance Care Directive (under the Medical Treatment Planning and Decisions Act 2016) |
| QLD | Advance Health Directive |
| SA | Advance Care Directive |
| WA | Advance Health Directive |
| ACT | Health Direction (within Advance Care Planning Document) |
| NT | Advance Personal Plan |
What can an ACD include?
Specific treatment decisions — things you do or do not want:
- Cardiopulmonary resuscitation (CPR) if your heart stops.
- Mechanical ventilation if you cannot breathe independently.
- Artificial nutrition and hydration (feeding tubes, IV fluids).
- A preference for palliative care (comfort and pain management) rather than aggressive life-prolonging treatment.
Appointment of a Substitute Decision-Maker: Known as a Medical Treatment Decision Maker (VIC), Enduring Guardian (NSW/ACT), or Healthcare Surrogate — a person you formally appoint to make medical decisions on your behalf if you lose capacity.
Your values and goals:
- What quality of life matters most to you.
- Where you would prefer to receive end-of-life care (home, nursing facility, hospital).
- Any cultural or religious beliefs relevant to your care.
Who can make an ACD?
- You must be 18 or older.
- You must have decision-making capacity at the time of signing.
- The document must be witnessed in accordance with state law — typically two adult witnesses who are not beneficiaries and not named as substitute decision-makers.
Updating or revoking an ACD
An ACD can be updated or revoked at any time while you retain decision-making capacity. Consider reviewing it after:
- A new serious health diagnosis.
- Every 3–5 years as circumstances change.
- Major life changes (separation, bereavement).
Free resources and templates
- advancecareplanning.org.au — national guide, state-specific templates, resources in multiple languages including Vietnamese.
- State health department websites: health.nsw.gov.au, health.vic.gov.au, health.qld.gov.au.
- Your GP or a solicitor can help complete and witness an ACD.