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Advance care directive

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Everyone has the right to make their own medical treatment decisions. However, anyone can experience an injury or illness that means they are unable to make decisions, either temporarily or permanently.

In Victoria, one way you can plan ahead is by making an advance care directive about your medical treatment. It can be part of a process known as 'advance care planning'. Find out more about advance care planning on the Better Health Channel website.

An advance care directive is a legal document made under the Medical Treatment Planning and Decisions Act 2016.

In an advance care directive, you can write either or both:

  • an instructional directive with legally binding instructions about future medical treatment you consent to or refuse
  • a values directive which documents your values and preferences for your medical treatment decision maker to consider when making decisions for you.

To make an advance care directive you must have decision-making capacity to do so.

The two types of directives, witnessing requirements, and when an advance care directive ends

Click below to read about the two types of directives, witnessing requirements, and ending and cancelling an advance care directive.

Instructional directive

Instructional directive

You should only complete an instructional directive if you know the medical treatment that you want or do not want in the future, as health practitioners are bound to follow your instruction.

An instructional directive:

  • is a statement of your medical treatment decision
  • takes effect as if you had consented to, or refused, the medical treatment.

To make an instructional directive, you can use the advance care directive form for adults developed by Victoria’s Department of Health and Human Services.

Find the advance care directive form and instructions for completing it, on the Victorian Government health.vic website.

Alternatively, find the same form in the OPA booklet Take Control. 

See the Victorian Government health.vic website for the version of the form you will need if you cannot physically sign the form, or for information about advance care directives and people under 18 years of age.

When it is used

Health practitioners need your consent before providing medical treatment. However, an illness or injury may mean that you do not have decision-making capacity to make the medical treatment decision.

If this happens, your health practitioner must make reasonable efforts to find out whether you made an advance care directive with a relevant instructional directive.

If you have, your health practitioner follows your instructions in the directive.

Values directive

Values directive

A values directive is a statement of your values and preferences for your medical treatment.

Thinking about your values and preferences, talking about them, and recording them, is a process known as advance care planning.

Making an advance care directive is one way of recording your values and preferences. You can do this in other ways as well.

To make a values directive, you can use the advance care directive form for adults developed by Victoria’s Department of Health and Human Services.

Find the advance care directive form and instructions for completing it, on the Victorian Government health.vic website.

Alternatively, find the form and instructions in the OPA booklet Take Control.

See the Victorian Government health.vic website for the version of the form you will need if you cannot physically sign the form, or for information about advance care directives and people under 18 years of age.

When it is used

If you do not have decision-making capacity to make a medical treatment decision, and have not made a relevant instructional directive, your health practitioner will ask your medical treatment decision maker to make the decision on your behalf.

The Medical Treatment Planning and Decisions Act specifies who your medical treatment decision maker is. See OPA’s medical treatment decision maker brochure for information about this.

Your medical treatment decision maker needs to make the decision they reasonably believe you would make. To do this, they must consider, among other things:

  • your values directive (if applicable)
  • other values or preferences you have expressed.

Witnessing requirements

Witnessing requirements

After you complete the advance care directive form, you will need to sign the form in front of two witnesses.

One of your witnesses must be a medical practitioner (medical doctor).

Neither witness can be someone you have appointed as your medical treatment decision maker.

Your witnesses will need to certify that you have decision-making capacity to complete the advance care directive, understood the nature and effect of each statement in your directive, and that you signed freely and voluntarily.

Ending and cancelling

Ending and cancelling

Your advance care directive ends when:

  • you complete a new advance care directive
  • you revoke (cancel) the appointment which you have decision-making capacity to do so
  • the Victorian Civil and Administrative Tribunal cancels it
  • you die.

Read applications to the Victorian Civil and Administrative Tribunal for an advisory opinion or order.

How to revoke an advance care directive

To revoke an advance care directive you must have decision-making capacity to do so, and need to sign the revocation form in front of two witnesses. One must be a medical practitioner (medical doctor). Neither witness can be someone you have appointed as your medical treatment decision maker.

Find the revocation form on the Victorian Government health.vic website.

If you revoke your advance care directive, you should inform your medical treatment decision maker(s) and any relevant health practitioner(s), and retrieve any copies.

 

Advance care directive forms

The following forms are available from the Health Victoria website: 

Advance care directive for adults 

Advance care directive for adults for someone signing on your behalf 

Revocation of an advance care directive 

Instructions for completing the Advance care directive form 

Take Control

Take Control map

Take Control has the information and forms you need to appoint a medical treatment decision maker, complete an advance care directive or make an enduring power of attorney.

Download Take Control >

Order a  free print copy from Victoria Legal Aid >

Advance care planning and mental illness

If you have previously had a mental illness, you should consider your legislative options to document:

  • your preferences and values for any treatment for mental illness in either or both an advance statement or advance care directive
  • who you would like to make medical treatment decisions for you
  • who you would like to support you.

Read more

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