How to make an Advance Care Directive in Victoria
In Victoria, an Advance Care Directive (ACD) is made under the Medical Treatment Planning and Decisions Act 2016 (Vic). You can make an instructional directive (binding consent or refusal of specific treatment) and/or a values directive (your values and preferences). The ACD must be signed in the presence of two witnesses — one of whom is a registered medical practitioner — who certify you have decision-making capacity.
The framework
The Medical Treatment Planning and Decisions Act 2016 (Vic) governs ACDs in Victoria. An instructional directive is binding on health practitioners; a values directive must be given effect where it applies. A separate Medical Treatment Decision Maker (MTDM) can be appointed under the same Act.
The process
Understand the two types of directive
An instructional directive records binding consent or refusal for specific medical treatment. A values directive records your values and preferences about medical treatment more generally. You can make one or both.
Confirm decision-making capacity
You must have decision-making capacity — you understand the information, remember it, use it, and can communicate your decision. Capacity is presumed unless the evidence shows otherwise.
Clarify values and goals of care
Think about quality of life, religious beliefs, fears about invasive treatment, preferred place of death, and the balance between longevity and comfort. Good directives reflect concrete scenarios.
Discuss with your doctor
Discuss likely scenarios with your GP or treating specialist. This is required information for an instructional directive to be meaningful and is strongly recommended before signing.
Draft the directive
Use the Victorian ACD form published by the Department of Health or a lawyer-drafted version. Instructional directives should be specific; values directives should be expressed clearly.
Consider appointing a Medical Treatment Decision Maker
Appoint an MTDM under the same Act to make decisions for treatments the directive does not cover. Appointment is on the prescribed MTDM form and accepted in writing.
Sign in front of two witnesses
Sign in the presence of two witnesses at the same time. One witness must be a registered medical practitioner. Neither witness can be the MTDM or a direct beneficiary of your estate.
Witnesses complete the certificate
Each witness certifies that the principal had decision-making capacity, signed freely and voluntarily, and understood the nature and effect of the directive.
Distribute copies and upload
Give copies to your GP, hospital, MTDM, family, and aged-care provider. Consider uploading to My Health Record. The directive only works if clinicians can find it in an emergency.
Review, revoke, or replace
Review after major diagnoses or life events. You can revoke or replace the directive while you have capacity. A later valid directive overrides earlier ones; notify all holders of any change.
Forms and templates
- Advance Care Directive form (Victoria)
- Appointment of Medical Treatment Decision Maker (MTDM)
Common mistakes
- Confusing an instructional directive (binding) with a values directive (guiding) and drafting them the same way
- Witnessing by one witness only, or without a registered medical practitioner
- Failing to appoint a Medical Treatment Decision Maker for situations the directive does not cover
- Not giving copies to the GP, hospital, or MTDM
- Relying on an out-of-date directive after a major diagnosis
Get this process right with Quillio
Quillio drafts Victorian Advance Care Directives — instructional, values, or combined — and pairs them with an MTDM appointment under the Medical Treatment Planning and Decisions Act 2016 (Vic). See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.
General information only — not legal or medical advice. A vague or improperly witnessed directive may not be followed when needed. Obtain legal and medical advice for progressive conditions, religious / values-based refusals, or complex family situations.
Get this right the first time.
Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no credit card.
Start your free trial