Myth 2:

Advance Care Directives are just recommendations to inform clinical decision-making

No. An Advance Care Directive is a legal document (like a will or Power of Attorney) that health professionals are obliged to follow. For example, the law will generally require a health professional to follow a refusal of treatment in a Directive where:

• the Directive is legally valid (made voluntarily, when the person had capacity, and meets any formal requirements required by State and Territory legislation), and
• it applies to the health care situation that has arisen.

There are situations where Avance Care Directives do not have to be followed and this varies by State and Territory. Visit State and Territory Advance Care Directives at End of Life Law in Australia for more information.

Myth 3:

A person can't use their Advance Care Directive to refuse treatment needed to keep them alive (life-sustaining treatment)

Myth 4:

A health professional must always give a person the treatment they request in their Advance Care Directive

No. The law generally does not require a health professional to provide treatment they believe is futile or non-beneficial. Where a person’s Advance Care Directive requests such treatment, a health professional does not breach the law, or other professional obligations, by not giving that treatment. Legislation in some States and Territories also sets out other exceptions to following a request for treatment in an Advance Care Directive.

Learn more about the law on following Advance Care Directives and legal obligations in your State or Territory at End of LIfe Law in Australia.