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Queensland · Wills & Estates

How to make an Advance Health Directive in Queensland

In short

In Queensland, the equivalent of an Advance Care Directive is called an Advance Health Directive (AHD), made under the Powers of Attorney Act 1998 (Qld). It records your directions and preferences about future health care. An AHD requires both a doctor to certify that you understand the nature and effect of the document, and an eligible witness to sign. The approved form is Form 4.

Who: Queensland adults who want binding directions about future health care, particularly people with chronic illness, a terminal diagnosis, religious or values-based treatment preferences, or clear end-of-life wishes.
Where: Queensland Health and the Department of Justice and Attorney-General publish the approved Form 4 and guidance. Eligible witnesses include JPs, C.Decs, Australian lawyers, and notaries.
Time: Typically prepared and signed over two appointments (one with the doctor, one for witnessing), depending on complexity.
Fees: No government fee. Doctor assessment fees may apply (check whether bulk-billed). Legal fees apply if a solicitor drafts the AHD. My Health Record upload is free.
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Legal basis

The framework

AHDs in Queensland are governed by Chapter 3, Part 3 of the Powers of Attorney Act 1998 (Qld). The approved form is Form 4 under the Powers of Attorney Regulation. QCAT has jurisdiction to review an AHD under the Guardianship and Administration Act 2000 (Qld).

10 steps

The process

1

Confirm decision-making capacity

You must have capacity to understand the nature and effect of the AHD. Capacity will be assessed by a doctor before the AHD is valid.

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2

Clarify your values and likely scenarios

Think about what matters most — quality of life, religious beliefs, views on resuscitation, artificial nutrition, and pain management. Effective AHDs address concrete scenarios.

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3

Discuss with your doctor

Discuss likely scenarios and specific treatments with your GP or treating specialist. The doctor will explain the medical implications of each direction you want to include.

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4

Obtain Form 4

Obtain the current approved AHD Form 4 from Queensland Health or the Department of Justice and Attorney-General. Using an outdated form can render the AHD invalid.

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5

Complete the directions and preferences

Fill in Section 5 (directions about specific treatments) and Section 6 (general directions). Be specific — vague language will not override clinical judgement when it counts.

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6

Appoint a health attorney if desired

You can appoint an attorney for health matters in the AHD itself, or rely on an existing Enduring Power of Attorney for personal/health matters. An appointed attorney handles decisions the AHD does not cover.

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7

Doctor certifies capacity and understanding

A registered medical practitioner must complete Section 9 certifying you appeared to have capacity and understood the nature and effect of the AHD. This must be done before an eligible witness signs.

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8

Sign in front of an eligible witness

Sign the AHD in the presence of an eligible witness — a Justice of the Peace, Commissioner for Declarations, Australian lawyer, or notary. The witness signs Section 10.

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9

Distribute copies and upload

Give copies to your GP, hospital, any appointed attorney, family, and aged-care provider. Upload to My Health Record so treating clinicians can find the AHD in an emergency.

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10

Review, revoke, or replace

Review after a major diagnosis or life event. Revoke in writing if circumstances change. A valid later AHD supersedes any earlier one; notify all holders.

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Forms required

Forms and templates

Avoid these mistakes

Common mistakes

  • Missing the doctor's certification in Section 9 — without it, the AHD is invalid
  • Using an outdated or unofficial version of Form 4
  • Witnessing by an ineligible person (care worker, attorney, family member)
  • Drafting vague preferences that do not give clinicians a clear direction
  • Failing to give the AHD to the treating hospital or GP so it cannot be located in an emergency
Use with Quillio

Get this process right with Quillio

Quillio drafts Queensland Advance Health Directives (Form 4) paired with an EPOA for health matters, including scenario-specific directions. See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.

General information only — not legal or medical advice. An incomplete AHD or one without doctor certification will not be effective. Obtain legal and medical advice for progressive conditions, religious / values-based refusals, or complex family situations.

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