Advance Care Directive Victoria: The Form, Witnesses and Next Steps

An advance care directive in Victoria is a legal document that records the medical treatment you consent to or refuse, and the values you want considered, for a time when you cannot make the decision yourself. The Victorian Department of Health says it can include an instructional directive, which gives specific directions about treatment you consent to or refuse, and/or a values directive, which describes your views and values. (Source: health.vic.gov.au, checked 2 Oct 2026) It is set up under the Medical Treatment Planning and Decisions Act 2016, and the official form is free to download. (Source: health.vic.gov.au, checked 2 Oct 2026)

Below: who can make one, the form, the witnessing rule that catches people out, where to keep it, and how it works with a medical treatment decision maker and an enduring power of attorney. For other states, see our national guide to the advance care directive in Australia.

Instructional directive or values directive?

Victoria gives you two tools, and you can use one or both.

An instructional directive is the firm one. The official form instructions describe it as a legally binding statement in which you consent to, or refuse, future medical treatment. (Source: health.vic.gov.au, checked 2 Oct 2026)

A values directive describes your views and values, and guides the people deciding for you. (Source: health.vic.gov.au, checked 2 Oct 2026) It is where you can say what matters most: being at home, being pain free, being able to recognise family.

The directive is valid as soon as it is signed and witnessed correctly, but the instructions say it can only be used when you do not have decision-making capacity to make the medical treatment decision. (Source: health.vic.gov.au, checked 2 Oct 2026)

Where to get the Victorian form

The Department of Health publishes the "Advance care directive for adults" form, which lets an adult document their preferences for future medical treatment should they lose decision-making capacity. (Source: health.vic.gov.au, checked 2 Oct 2026) It is on the health.vic.gov.au advance care planning forms page.

The Department says all forms under the Act 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)

You are not locked into that form. Better Health Channel says there is no prescribed form in Victoria and it can be a letter you write, but that any directive must comply with the formal requirements set out in the Act. (Source: betterhealth.vic.gov.au, checked 2 Oct 2026) The official form makes those requirements much easier to meet.

Witnessing: two people, one a doctor

This is the rule most likely to make a Victorian directive invalid. The official instructions say you need to sign in front of two witnesses, one of whom must be a registered medical practitioner (a medical doctor), and neither witness can be someone you have appointed as your medical treatment decision maker. (Source: health.vic.gov.au, checked 2 Oct 2026) The Office of the Public Advocate adds that both witnesses must be adults. (Source: publicadvocate.vic.gov.au, checked 2 Oct 2026)

You can sign electronically, but the witnesses must be physically there. The Department says an advance care directive can be signed electronically but cannot be witnessed over audio visual link, and witnessing must be done in person. (Source: health.vic.gov.au, checked 2 Oct 2026)

Where to keep it, and who gets a copy

Better Health Channel suggests keeping the original of your advance care directive and your medical treatment decision maker appointment in a safe place, then giving a copy to your medical treatment decision maker, your family, your doctor, and the hospital you most regularly use, asking for an alert to be put in your medical record. (Source: betterhealth.vic.gov.au, checked 2 Oct 2026)

The form instructions encourage giving your medical treatment decision maker a certified copy, and suggest uploading a copy to My Health Record. (Source: health.vic.gov.au, checked 2 Oct 2026)

Write down who has each copy too. That list is easy to lose track of, and The Estate Organiser keeps it in one place with your will and powers of attorney. It is a book you fill in on your own computer or print and write in by hand, and nothing is stored online.

How it links to a medical treatment decision maker and an enduring power of attorney

Victoria uses separate documents for separate jobs.

• Advance care directive: your own treatment decisions and values.
• Medical treatment decision maker: the person you nominate to make healthcare decisions for you if you cannot. (Source: betterhealth.vic.gov.au, checked 2 Oct 2026) Better Health Channel notes this person cannot make financial or property decisions for you. (Source: betterhealth.vic.gov.au, checked 2 Oct 2026)
• Enduring power of attorney: the Office of the Public Advocate says it lets you appoint someone to make decisions about personal matters, financial matters or both, but your attorney cannot make medical treatment decisions unless they are also your medical treatment decision maker. (Source: publicadvocate.vic.gov.au, checked 2 Oct 2026)

The directive comes first. The Office of the Public Advocate explains that if you cannot 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 for you. (Source: publicadvocate.vic.gov.au, checked 2 Oct 2026)

Appointing a medical treatment decision maker has its own witnessing rule: Better Health Channel says it must be witnessed by two people, one of whom must be a qualified person such as a Justice of the Peace. (Source: betterhealth.vic.gov.au, checked 2 Oct 2026) Older documents may still count. The Office of the Public Advocate notes that medical treatment appointments made before the Act commenced in 2018, in a medical enduring power of attorney, an enduring power of attorney or an enduring power of guardianship, are still valid. (Source: publicadvocate.vic.gov.au, checked 2 Oct 2026)

For the money side in every state, see our guide to the enduring power of attorney in Australia.

Changing, cancelling and reviewing it

The form instructions say you can cancel or change your directive by completing a new one or by completing the advance care directive revocation form. (Source: health.vic.gov.au, checked 2 Oct 2026) You need decision-making capacity to revoke it. (Source: publicadvocate.vic.gov.au, checked 2 Oct 2026) Advance Care Planning Australia notes that in Victoria a directive ends when you complete a new one, you cancel it, it expires on an included expiry date, or you die. (Source: advancecareplanning.org.au, checked 2 Oct 2026)

The instructions recommend reviewing it every two years, or whenever your medical or personal situation changes. (Source: health.vic.gov.au, checked 2 Oct 2026)

Common questions about advance care directives in Victoria

Where do I get an advance care directive form in Victoria?

From the Victorian Department of Health advance care planning forms page. The Department says all forms under the Medical Treatment Planning and Decisions Act 2016 are free to download and may be completed without legal advice. (Source: health.vic.gov.au, checked 2 Oct 2026)

Who can witness an advance care directive in Victoria?

Two adult witnesses, one of whom must be a registered medical practitioner. Neither can be your appointed medical treatment decision maker, and witnessing must be done in person. (Sources: health.vic.gov.au and publicadvocate.vic.gov.au, checked 2 Oct 2026)

What is the difference between an instructional directive and a values directive?

An instructional directive is a legally binding statement in which you consent to or refuse future medical treatment. A values directive describes your views and values to guide the people deciding for you. (Sources: health.vic.gov.au and health.vic.gov.au, checked 2 Oct 2026)

Can my enduring power of attorney make medical decisions in Victoria?

Only if they are also your medical treatment decision maker. The Office of the Public Advocate says your attorney cannot make medical treatment decisions for you unless they also hold that appointment. (Source: publicadvocate.vic.gov.au, checked 2 Oct 2026)

Who should have a copy of my advance care directive in Victoria?

Better Health Channel suggests your medical treatment decision maker, your family, your doctor and the hospital you use most. You can also upload it to My Health Record. (Sources: betterhealth.vic.gov.au and health.vic.gov.au, checked 2 Oct 2026)

How often should I review my advance care directive in Victoria?

The official form instructions recommend every two years, or whenever your medical or personal situation changes. (Source: health.vic.gov.au, checked 2 Oct 2026)

Related guides

• Advance care directive in Australia: every state's form
• Enduring power of attorney in Australia: state by state
• Advance care directive in Queensland
• Power of attorney vs a will: what is the difference?

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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