A living will is one of the most important documents you can put in place to make sure your future medical care reflects your personal wishes.
In Queensland, a living will lets you clearly state your medical treatment preferences if you lose the ability to make decisions for yourself. It’s not just for the elderly or seriously ill; anyone can face a sudden health emergency.
A living will helps guide doctors and eases the burden on your loved ones during stressful times, reducing confusion and potential conflict. It puts your voice on record when you need it most.
Here’s a clear step-by-step guide to understanding what a living will is, how to create one that’s legally valid in Queensland, and why it’s a smart move for your future wellbeing.
Don’t leave your healthcare choices to chance. Let our experienced Queensland family lawyers at VM Family Law guide you through the legal steps to create a valid living will. Call us today at 07 3447 8966 and get the right, compassionate support you need.
What Is a Living Will?
A living will, officially called an Advance Health Directive (AHD) in Queensland, is a legal document that records your decisions about future medical treatment if you’re unable to communicate them yourself.
It’s an explicit, written instruction for doctors and healthcare teams that reflects your healthcare preferences and values.
This legal document comes into play if you lose mental capacity, due to illness, injury, or unconsciousness, and can no longer make your own medical decisions. It covers scenarios involving end-of-life care, palliative care, life-sustaining treatments, and more.
In other states, it may be referred to as an Advance Care Directive, Advance Personal Plan, or Health Direction. However, the purpose of the document remains the same: to make sure your medical choices are known and respected.
How It Differs from a Will
A last will and testament outlines what happens to your assets after death. A living will is about your health care while you’re still alive. It ensures your wishes are followed in hospitals, emergency rooms, or aged care, especially during serious illness or health emergencies.
Is a Living Will Legally Binding?
Yes, a living will is legally binding in Queensland, provided it meets all legal requirements. In Queensland, this document is governed by the Powers of Attorney Act 1998 (Qld).
Once properly completed and witnessed, an AHD has legal force. It must be followed by healthcare professionals as long as it’s applicable to the situation, valid, and your instructions are clear.
For example, suppose your directive states you do not want life-sustaining treatments like mechanical ventilation or tube feeding in certain circumstances. In that case, doctors are legally required to respect those wishes, so long as the directive applies to your current condition.
It only takes effect when you lose the capacity to make your own health decisions. Until then, your verbal instructions still take priority.
Take note that if any part of the directive is unclear, healthcare professionals may seek guidance from the Queensland Civil and Administrative Tribunal (QCAT).
When Should You Consider a Living Will?
You don’t need to be elderly or unwell to consider a living will. It’s about being prepared and making sure your healthcare choices are respected no matter what happens.
Here are some common situations where having a living will is especially important:
- You have a chronic or terminal illness, such as cancer, heart failure, or progressive neurological conditions.
- You’re planning for major surgery that carries serious risks or a long recovery.
- You want to refuse certain treatments like CPR, tube feeding, or artificial ventilation in specific situations.
- You want to clearly express your wishes around palliative care, comfort care, or organ donation.
- You’re concerned about family conflict or stress if a medical crisis arises.
- You live alone or have no immediate family to make decisions on your behalf.
- You want to take the pressure off loved ones by making difficult decisions in advance.
How to Create a Legally Valid Living Will (Step-by-Step)
Creating a legally valid living will in Queensland isn’t complicated, but every step needs to be done properly. Here’s how to make sure your Advance Health Directive is accurate, complete, and legally recognised.
Step 1: Talk to Your GP or Healthcare Professional
Start by having a conversation with your doctor about your current health, possible medical outcomes, and treatment options. This helps you make informed choices and ensures your decisions are medically realistic.
Step 2: Download the Official Form
Use only the approved Advance Health Directive form from the Queensland Government website. It’s the only format recognised under Queensland law.
Download the form through this link: Form 4 – Advance Health Directive
Step 3: Think Through Your Treatment Preferences
Decide what kinds of medical care you would or wouldn’t want in different situations, such as resuscitation, mechanical ventilation, or palliative care. Be specific and consider including directions about organ donation, comfort care, and life-sustaining treatments.
Step 4: Book an Appointment with Your Doctor
Your doctor must complete a section of the form that confirms you understand your choices and are capable of making them. This medical assessment is essential for your living will to be legally valid.
Step 5: Sign the Form in Front of an Authorised Witness
You must sign the document in front of a qualified witness, like a Justice of the Peace, commissioner for declarations, or a solicitor. The witness must ensure you are signing voluntarily and with full understanding.
Step 6: Work with a Family Lawyer
A family lawyer can review your directive and make sure it aligns with other legal documents like your Enduring Power of Attorney or estate plan. This step helps prevent confusion or legal challenges later on.
Step 7: Store and Share Your Directive
Keep the original in a safe place and give copies to your doctor, family, and any substitute decision-makers. Upload it to your My Health Record so it’s accessible in an emergency.
Unsure if your living will covers the right details? Our trusted Queensland family lawyers at VM Family Law can review it, spot gaps, and ensure it’s ready when it matters most. Talk to our team today by calling us at 07 3447 8966.
Frequently Asked Questions (FAQs)
What is a living will in Australia?
A living will is a legal document that outlines your future medical decisions if you can’t speak for yourself. In Queensland, it’s called an Advance Health Directive and must meet state laws.
What’s the best way to do a living will?
Use the official Queensland form, talk to your doctor, and consider legal help to align it with your estate plan. Keep it clear, complete, and stored with your medical records.
What is the difference between living will and last will?
A living will covers medical care while you’re alive; a last will handles asset distribution after death as part of estate planning.
When does a living will go into effect?
It only takes effect when you lose the capacity to make medical decisions due to injury or illness. Your healthcare providers must confirm this based on your medical conditions.
How much does a living will cost?
The form itself is free. If you choose to involve a lawyer for added peace of mind or to align it with other documents, legal assistance fees will apply.
What does a living will need to include?
It should include your preferences about life-sustaining measures, medical procedures, organ and tissue donations, and any relevant advance care plans or advance statement. It must also be signed and witnessed properly.
Can I change or cancel my Advance Health Directive?
Yes. You can update or revoke it anytime while you still have capacity. Be sure to notify your healthcare proxy, family members, and update any medical records.
Is it valid across Queensland?
Yes. Once properly completed, your living will is valid throughout all of Queensland and recognised by public and private healthcare providers.
What if my family disagrees with my choices?
Your family members can’t override a valid living will. Healthcare professionals must follow your documented instructions, even if your loved ones disagree.
Is it stored in My Health Record?
Only if you or your doctor uploads it. Adding it to My Health Record ensures access by healthcare providers during emergencies.
What happens if I don’t have a living will?
If you don’t have one, your healthcare proxy, family members, or a tribunal-appointed decision-maker may have to make urgent medical decisions for you. But this can be done possibly without knowing your true wishes.
Conclusion
Planning ahead with a living will or Advance Health Directive gives you control over your future health care and spares your loved ones from difficult decisions during a crisis. In Queensland, making sure that this legal document is clear, legally valid, and aligned with your broader estate plan is crucial.
If you’re ready to take that step, or want expert guidance reviewing an existing directive, the team at VM Family Law is here to help. Our experienced Queensland family lawyers understand the legal details and the personal care this process requires.
Call us at 07 3447 8966 to start the process of protecting your medical wishes with confidence.
