Mythbusters: Advance Care Directives

No. Making an Advance Care Directive is every person’s choice, and that choice should be respected. Directives are a useful advance care planning tool, but there may be legitimate reasons why a person chooses not to have a Directive.

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.

No. A person can refuse life-sustaining treatment in their Advance Care Directive, even if not having that treatment will result in death.

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.