An Advance Health Directive (“AHD”) is a document that states an individual’s wishes and intentions with respect to their future health and medical care. The person who gives the directions is known as the Principal.

In order to make a valid AHD the Principal must understand at the time of signing:

• the nature and likely effects of each direction made;
• that the direction operates only while they have impaired capacity for the matter covered by the direction;
• that they may revoke any direction made, provided they still possess capacity for the matter covered in the direction; and
• that if they are not capable of revoking a direction, they will not be able to oversee how that direction is implemented.

What sort of directions can I make in an AHD?

A Principal is able to make directions regarding the specific types of medical treatment they wish to receive and under what circumstances.

AHD’s also enable the Principal to record any wishes they have regarding the maintenance of their dignity whilst receiving medical treatment and state whether their religion impacts upon the type of treatment they can receive.

What directions cannot be included in an AHD?

AHD’s cannot include directions that breach the Criminal Code Act 1899, for example euthanasia.

Why would you consider drafting an Advance Health Directive?

By drafting an AHD you remove the need for family and friends to make a difficult decision under emotionally trying circumstances. Instead, they can devote their time and energy to spending time with you.

Furthermore, through drafting an AHD you are undertaking steps to ensure that the attending medical specialists understand and adhere to your wishes.

After I have drafted an AHD what should I do with it?

In the event of serious injury or illness if your AHD is not readily on hand, the attending medical specialists may not have time to search for it. As a result, it is important that your immediate family are made aware that you have drafted an AHD and informed as to its location.