The three documents
Most Australians confuse these — or only know about one. They serve different purposes, and most families need all three.
Advance Care Directive
What it does: Records your wishes about medical treatment — what you would and wouldn't want — so doctors and your family know, even if you can't speak.
When it matters: Serious illness, surgery, a sudden accident, dementia, a stroke. Any time you can't communicate.
Witness requirements vary by state.
Doctors rely on family consensus, which may not reflect your actual wishes. Family members may disagree — sometimes bitterly. In the absence of a directive, clinicians default to the most aggressive treatment option, which may be the opposite of what you'd want. Courts can become involved in the most contested cases.
Enduring Power of Attorney (Personal)
What it does: Appoints a trusted person to make personal and lifestyle decisions on your behalf — where you live, your daily care, who can visit you.
Your person: Must be an adult who knows you well. Can be a partner, child, sibling, or close friend. Not your paid carer.
Without an appointed guardian or attorney, your state's public guardian or tribunal may step in to make personal decisions for you — a stranger in an office, applying legal defaults, without knowing what matters to you. Your family may have no legal authority to speak on your behalf.
Enduring Power of Attorney (Financial)
What it does: Appoints a trusted person to manage your money, property, and financial affairs if you lose capacity.
Important: This is separate from personal decisions in most states. You can appoint the same person for both, or different people.
Without financial power of attorney, your family cannot access your bank accounts, pay your bills, or sell your home to fund your care — even if they need to urgently. An application to the state tribunal is required, which takes months and involves legal costs.
How to do it
Six steps. No lawyer required for most standard situations.
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1
Download the right form for your state
Every state has different forms with different names. Using the wrong form means starting again. Click below for the official form for your state.
📄 Get the official state form → -
2
Think it through before you write anything
What matters most to you? Quality of life, independence, being at home, staying comfortable? Are there treatments you'd definitely want — or definitely not want? Write rough notes first. The form will make sense once you know your own answers.
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3
Choose your person — and tell them before you write their name
Your appointed attorney or guardian should know you well, respect your values, and be able to hold firm under pressure. Have the conversation with them first. This is an ask, not a notification.
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4
Complete the form clearly
Plain language is fine — you don't need legal jargon. Be as specific as you can about your wishes. Vague instructions are harder to act on in a crisis. For complex family situations, a lawyer's review is worthwhile.
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5
Get it witnessed correctly — this step is critical
Two witnesses required — check your state's rules carefully.
⚠️ A document signed without correct witnesses is legally invalid. Check twice before signing.
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6
Give copies to the people who need them
Your GP should have a copy in your file. Your hospital should know it exists. Your appointed person must have a copy. Keep the original somewhere accessible — not in a locked safe no one can open in an emergency.
💡 Some GPs now keep a scanned copy in your electronic record. Ask yours.
Do I need a lawyer? For most standard situations, no. But if you have a complex family structure, significant assets, a business, or you're concerned about family conflict, paying for a solicitor's review is worthwhile. Legal Aid services exist in every state for people who can't afford private legal advice.
The conversation
The paperwork is the easy part. The conversation with your family is where most people get stuck. Here are the ones that come up most often.
This is the most common response — and it's completely understandable. The fear isn't the conversation itself, it's what it represents. Acknowledge it.
This is an honour, but it's also a responsibility — and the person you ask deserves to understand both before they say yes. Have the conversation before you write their name down.
Family disagreement is one of the most common — and painful — outcomes when no document exists. A completed directive removes the conflict, because the document, not the family, has the final say.
If you're worried about ongoing friction: appoint one person as attorney with clear authority. Discuss your wishes with all your children, not just the one you've appointed. The goal is that no one has to make the call alone.
You can update or revoke your directive at any time, as long as you have capacity. This is one of the most common hesitations — people delay because they think it's permanent. It's not.
A good approach: review your directive every 3–5 years, or after any major health change. What you want at 55 may be different from what you want at 75. That's expected and fine.
Your GP is the right first call — before you fill in any form. They can tell you what's right for your situation, explain what treatments you might be making decisions about, and sign as a witness in Queensland and some other states.
Book a dedicated appointment — this conversation needs time, not a gap between other things.
As specific as you can. Vague instructions are harder to act on in a crisis. Think about:
- Where would you want to be cared for — home, hospital, hospice?
- What matters most to you — comfort, independence, being with family?
- Are there treatments you would definitely not want — resuscitation, ventilation, tube feeding?
- Are there circumstances where your answer might be different?
You don't have to answer all of these. Even partial clarity is better than none.
Your checklist
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If you don't have one
When Margaret had a stroke at 74, she couldn't speak. The doctors asked her daughter Emma whether to continue aggressive treatment. Emma didn't know what her mother would have wanted. She'd always assumed she'd have time to ask.
Emma's brother wanted everything done. Emma wasn't sure. They stopped speaking for two years.
Margaret survived. She has no memory of any of it. Her children still don't agree on what she would have wanted — because she never told them.
This story is not rare. It plays out in Australian hospitals every day. An advance care directive doesn't prevent hard conversations — it gives them an answer.
Start with your state ↑Frequently asked questions
The forms themselves are free from each state's health or justice department. In some states you may need a Justice of the Peace (JP) or a doctor as a witness — JPs are free. For the financial EPOA, some states charge a small registration fee.
If you want a lawyer to review your document — useful for complex family situations — expect to pay $200–$500 for a standard review. Legal Aid services are available in all states for those who can't afford this.
Yes, any time, as long as you have capacity. Simply complete a new document. In most states, the latest signed and dated document is the one that applies. Review every 3–5 years, or after a significant health change.
A legally completed directive overrides family disagreement. Healthcare providers are legally bound to follow it. This is one of the most important functions a directive serves — it removes the burden of the decision from your family entirely.
Talk to your family while you have the chance. Share what you've decided and why. The goal isn't a document — it's everyone understanding each other.
No — they serve completely different purposes. A will distributes your assets after you die. An advance care directive governs your medical treatment while you're still alive but unable to communicate. You need both.
For financial EPOA, legal recognition across state borders can be complicated. Seek legal advice if you have significant cross-border assets. For medical decisions (ACD), a Queensland AHD is generally recognised in hospitals interstate, but completing a document in each state where you spend significant time adds security.
Any adult who has capacity, is not your paid carer, and is not your financial institution. Most people appoint a partner, adult child, sibling, or close friend. You can appoint more than one person — as joint (must agree) or several (can act independently). Think carefully about which arrangement fits your family.
Generally, no — a directive must meet the legal requirements of the Australian state where you're being treated to be legally binding. If you've lived in another country or your family is overseas, complete an Australian state directive as soon as you can.
For GPs and health professionals
You'll already know this gap from your own consulting room. This page is designed to be shared directly with patients.
Share this page with patients: a plain-language, state-by-state guide for the ACD conversation you've just started in the consult.
GP-specific resources and referral information →- Advance Care Planning Australia (ACPA) — clinician training, tools, and resources
- RACGP Advance Care Planning guidelines
- CareSearch — ACP resources for Australian primary care
This guide is not affiliated with any clinical body. Content is reviewed periodically but state legislation changes — always verify current requirements with official state sources.