Wills & estates
Advance Health Directive in WA: What Does It Do?
An Advance Health Directive—or AHD—is a legal document in which an adult with full legal capacity records decisions about future treatment to apply if they later cannot make or communicate the relevant decision. It is different from an Enduring Power of Attorney and Enduring Power of Guardianship and should be prepared as part of coordinated advance-care and estate planning.
Key points
- An AHD records the person’s own treatment decisions.
- It operates only in circumstances covered by the document and law.
- An EPA concerns financial and property decisions.
- An EPG appoints a person to make authorised personal, lifestyle and treatment decisions.
- Capacity and witnessing requirements must be satisfied.
- Medical advice can help ensure treatment directions are informed and clear.
How is it different from an EPG?
An AHD expresses the maker’s decisions. An EPG appoints an enduring guardian to decide within the granted authority when the appointor cannot make reasonable judgments. A person may use both so that specific directions and a trusted decision-maker operate together.
What should be discussed before signing?
Consider values, existing health conditions, treatments, emergency situations and the role of family or an enduring guardian. Discuss medical consequences with a qualified health practitioner and legal execution issues with an appropriate adviser.
When should it be reviewed?
After a significant diagnosis, treatment change, relationship change, move, changed decision-maker or passage of time. Do not write informal amendments onto a signed document.
Read: Wills, EPA and EPG—how they work together.
Service-scope notice
Before publication, Legal Care Australia must confirm whether it prepares AHDs or provides only related estate-planning advice. The CTA must match that confirmed scope.
Sources
General information only; it is not medical advice or individual legal advice.