Advance Care Directive in Australia: What It Is and Your State's Form

An advance care directive is a written record of the health care you would want, or would refuse, if a day came when you could not make or say those decisions yourself. Advance Care Planning Australia, the federally funded national program, describes it as a formal document you can use to record your preferences for future health care, which can include your values, life goals and specific instructions about care and treatment. (Source: advancecareplanning.org.au, checked 2 Oct 2026) It only comes into play if you lose the ability to decide. Until that time, in that program's words, you have full control over your health care choices.

This page covers what an advance care directive is, how it differs from an enduring power of attorney or an enduring guardian, what each state and territory calls it, and where to find the official form. The rules are set state by state. Advance Care Planning Australia says plainly that advance care planning laws vary by state and territory, so the state you live in decides the form, the witnesses and how binding it is. (Source: advancecareplanning.org.au, checked 2 Oct 2026)

What is an advance care directive?

Think of it as your voice in the room when you cannot speak. It tells the doctors and your family what matters to you and what treatment you would or would not accept.

It can hold two kinds of content. One is your values: what a good day looks like for you, what you fear, what you would trade for more time and what you would not. The other is instructions: a clear yes or no to particular treatments. Advance Care Planning Australia notes that advance care directives can include legally binding instructions which must be followed. (Source: advancecareplanning.org.au, checked 2 Oct 2026)

There is a catch worth knowing. The same national program explains that only binding refusals are legally required to be followed, while values and general wishes are important but sit differently. (Source: advancecareplanning.org.au, checked 2 Oct 2026) So a directive that only says "keep me comfortable" guides people. A directive that clearly refuses a named treatment can bind them, depending on your state.

Advance care planning is the wider conversation. The national program describes it as a process that can involve thinking and talking about future health care choices, and says it may or may not involve formal documents. (Source: advancecareplanning.org.au, checked 2 Oct 2026) The directive is the formal, written end of that process.

Advance care directive vs enduring power of attorney

This is where most families get tangled, because the two documents are often made at the same appointment and kept in the same folder.

• An advance care directive records your decisions about health care, in your own words.
• A substitute decision-maker is a person you appoint to make decisions for you when you cannot. Advance Care Planning Australia lists the different names this person goes by: an enduring guardian, an enduring power of attorney, a medical treatment decision-maker, a person responsible, an attorney for health matters, or a decision-maker, depending on the state or territory. (Source: advancecareplanning.org.au, checked 2 Oct 2026)
• A financial enduring power of attorney covers money and property. In New South Wales, for example, the NSW Government describes it as a legal document that lets a person manage financial and legal decisions on your behalf, and it continues even if you lose the ability to make decisions. (Source: nsw.gov.au, checked 2 Oct 2026)

The directive and the decision-maker work together. Your decision-maker reads your directive and follows it. In New South Wales, NSW Health says your Person Responsible must refer to your Advance Care Directive before making any medical or health decisions. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Some states fold the two into one form. In South Australia the Advance Care Directive form is also where you appoint Substitute Decision-Makers, and SA Health is clear that it cannot be used to make financial decisions. (Source: sahealth.sa.gov.au, checked 2 Oct 2026) In Queensland you can name an attorney for health matters inside the advance health directive itself. (Source: qld.gov.au, checked 2 Oct 2026) Our full guide to the money side is enduring power of attorney in Australia.

What each state and territory calls it, and the official form

The name changes at every border, which makes searching for the right form harder than it should be. Advance Care Planning Australia confirms that every state and territory except NSW has a statutory form for future health care choices, and that these forms have different names. (Source: advancecareplanning.org.au, checked 2 Oct 2026) Here is what each one is called and where its government publishes the form, as at the date this was checked.

A few of these behave differently from the rest. In New South Wales there is no advance care planning legislation, and NSW Health says there is not one particular form a person must use to write down their wishes. (Source: health.nsw.gov.au, checked 2 Oct 2026) In Tasmania the Office of the Public Guardian says an ACD must be completed using the approved form from the Tasmanian Health Service. (Source: publicguardian.tas.gov.au, checked 2 Oct 2026) In the ACT, the Health Direction is the document that gives you the right to legally refuse or stop medical treatment. (Source: act.gov.au, checked 2 Oct 2026) In the Northern Territory, the NT Government says advance personal planning replaces enduring power of attorney, so one plan can hold your wishes and your decision maker. (Source: nt.gov.au, checked 2 Oct 2026)

Living in one of the three biggest states? We have a page each: advance care directive in Queensland, advance care directive in NSW and advance care directive in Victoria.

Who can make one?

An adult who can still make their own decisions. Advance Care Planning Australia says that for legally binding documents like advance care directives and forms appointing a substitute decision-maker, you must have decision-making capacity to complete these forms. (Source: advancecareplanning.org.au, checked 2 Oct 2026) The Queensland Government puts the age plainly: you must be over 18 and have capacity to make your own decisions. (Source: qld.gov.au, checked 2 Oct 2026)

That is the reason to do it early. A directive cannot be written for someone once they have lost capacity. NSW Health says someone else cannot make an Advance Care Directive on your behalf, though they may help you write it down. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Signing and witnessing: it depends on the state

Witnessing rules are the most common way a directive fails, and they differ sharply. A few examples from the official pages, as at the date this was checked:

• Queensland: a doctor or nurse practitioner signs a certificate, and you sign in front of a witness who is a JP, commissioner for declarations, lawyer or notary public. (Source: qld.gov.au, checked 2 Oct 2026)
• Victoria: two witnesses, one a registered medical practitioner, and neither can be your appointed medical treatment decision maker. (Source: health.vic.gov.au, checked 2 Oct 2026)
• New South Wales: NSW Health says signatures and witnesses are not required for validity, but recommends signing by you, a witness and a health professional so staff can trust the document. (Source: health.nsw.gov.au, checked 2 Oct 2026)
• Western Australia: the official form says you must sign it in the presence of 2 witnesses, at least one authorised to take statutory declarations. (Source: healthywa.wa.gov.au, checked 2 Oct 2026)

Moving interstate is worth a second look. Advance Care Planning Australia suggests it is best to complete the statutory advance care directive for the state or territory where you want it recognised, to avoid delays or uncertainty. (Source: advancecareplanning.org.au, checked 2 Oct 2026) NSW Health, for its part, says directives made in other Australian states and territories are recognised in NSW. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Where to keep it so it is found in time

A directive locked in a drawer nobody knows about cannot help anyone in an emergency department at 2am. Advance Care Planning Australia suggests keeping the originals in a safe place and giving copies to your family, your substitute decision maker, your local doctor and hospital, and anyone you trust. (Source: advancecareplanning.org.au, checked 2 Oct 2026)

My Health Record is the other route. The Australian Digital Health Agency says you, your nominated and authorised representatives can add an advance care planning document to your record, and that if you change it you will need to add a new version. (Source: digitalhealth.gov.au, checked 2 Oct 2026) It also notes that there are different legal requirements for each state and territory, so uploading does not replace getting the form right.

Then write down where the original is. That small step is what The Estate Organiser is built for: one place listing your directive, your power of attorney, your will and who holds each one. It is a book you fill in on your own computer or print and write in by hand, and nothing is stored online.

Reviewing and changing it

Wishes change after a diagnosis, a move or a death in the family. Advance Care Planning Australia suggests you review your documents regularly and update them if your wishes or situation changes. (Source: advancecareplanning.org.au, checked 2 Oct 2026) The Queensland Government says you can change or cancel documents at any time, as long as you still have the capacity to make decisions. (Source: qld.gov.au, checked 2 Oct 2026)

When you replace one, chase down the old copies. NSW Health puts it simply: if you change your Advance Care Directive, you will need to replace all copies. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Where the paperwork ends and the kitchen table begins

The legal corner of this, the directive form, the witnessing and any power of attorney, is worth getting right, and a solicitor or your state's public guardian or public advocate office can help with it. In Victoria the Department of Health notes that its forms are available to download free of charge and may be completed without seeking legal advice or assistance. (Source: health.vic.gov.au, checked 2 Oct 2026)

The rest is a kitchen table job. Who should be called first. Which doctor knows you best. Where the original is kept. Who has a copy. Families can sort that out together over a cup of tea, and writing it down is the part people most often skip. The Estate Organiser is a book you fill in on your own computer or print and write in by hand. Nothing is stored online.

Common questions about advance care directives

What is an advance care directive in Australia?

It is a formal document that records your preferences for future health care, for use if you cannot make or communicate decisions yourself. Advance Care Planning Australia says it can include your values, life goals and preferred outcomes, and specific directions about care and treatments. (Source: advancecareplanning.org.au, checked 2 Oct 2026)

Is an advance care directive legally binding?

It can be. Advance Care Planning Australia says advance care directives can include legally binding instructions which must be followed, and that only binding refusals are legally required to be followed, while values and general wishes still matter. How binding a document is depends on your state or territory. (Sources: advancecareplanning.org.au and advancecareplanning.org.au, checked 2 Oct 2026)

What is the difference between an advance care directive and a power of attorney?

A directive records your own health care decisions. A power of attorney or enduring guardian appoints a person to make decisions for you. In New South Wales an enduring power of attorney covers financial and legal decisions, and an Appointment of Enduring Guardian covers lifestyle, health and medical decisions. (Sources: nsw.gov.au and nsw.gov.au, checked 2 Oct 2026)

Do I need a lawyer to make an advance care directive?

Not in every state. Victoria's Department of Health says its forms may be completed without seeking legal advice or assistance. (Source: health.vic.gov.au, checked 2 Oct 2026) Witnessing rules still apply, and a solicitor is worth asking if your situation is complicated.

Can I upload my advance care directive to My Health Record?

Yes. The Australian Digital Health Agency says you, your nominated and authorised representatives can add an advance care planning document to your record, and that a changed document needs a new version uploaded. (Source: digitalhealth.gov.au, checked 2 Oct 2026)

Does an advance care directive from one state work in another?

It may, though it can cause delays. NSW Health says directives made in other Australian states and territories are recognised in NSW. Advance Care Planning Australia suggests completing the statutory form for the state or territory where you want it recognised, to avoid delays. (Sources: health.nsw.gov.au and advancecareplanning.org.au, checked 2 Oct 2026)

Related guides

• Enduring power of attorney in Australia: state by state
• Power of attorney vs a will: what is the difference?
• How to get your affairs in order in Australia
• How to talk to your parents about their estate plans

Educational content only. Not legal, financial or tax advice. Estate laws vary across Australian states and territories. Always consult a qualified professional about your specific situation.

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