If you have made an Advance Health Directive (AHD), you may be familiar with the review section at the back of the document. Many people have not looked at their AHD since they made it. For some people, that may have been more than ten years ago.
An AHD records your wishes and directions about future medical treatment and healthcare. It is therefore important to make sure the document still reflects your current wishes and circumstances.
The Queensland Office of the Public Guardian recommends reviewing your AHD every two to three years, or after major life events such as marriage, divorce or changes in your relationship with your attorney.
Why should you review your Advance Health Directive?
You may wonder why you should bother reviewing your AHD. If your wishes have not changed, surely the AHD is still fine to leave as it is, right?
There are several reasons why reviewing your AHD can be worthwhile.
Medical science and circumstances can change
One benefit of keeping your AHD current is that medical treatment and medical science can change over time.
Section 103 of the Powers of Attorney Act 1998 (Qld) protects a health provider from liability in certain circumstances. This protection can apply where the health provider has reasonable grounds to believe that circumstances, including advances in medical science, have changed to the extent that a direction in the AHD is inappropriate.
You can see why the age of an AHD may become relevant. If your AHD is ten or more years old, it may be easier to question whether medical science or your circumstances have changed since you made the direction.
If you recently reviewed your AHD, the position may be different. A recent review shows that you considered whether your directions still reflect your wishes and remain appropriate in light of your circumstances.
How often should you review an Advance Health Directive?
The Queensland Office of the Public Guardian recommends reviewing your AHD every two to three years. You should also review it after a major change in your circumstances or wishes.
For example, you may want to review your AHD if:
- your health has changed significantly;
- your views about medical treatment have changed;
- your personal or living circumstances have changed;
- you have married or divorced;
- your relationship with your attorney has changed;
- you no longer want your appointed attorney to act for you; or
- your understanding of your treatment options has changed.
Reviewing your AHD does not necessarily mean that you need to make a new document. If your wishes remain the same, you may not need to change the directions in your AHD.
However, if your wishes or circumstances have changed, you should consider whether you need to make a new AHD.
What if your wishes have changed?
If your wishes have changed since you made your AHD, simply reviewing the document is not enough. You may need to change or revoke your existing AHD and make a new one.
The Queensland Office of the Public Guardian explains that you can revoke your current AHD and make a new one. A new AHD can also override an earlier version where the documents contain inconsistent directions.
If you want to change your AHD, make sure you complete the appropriate current form correctly. You should also make sure that the people who may need to rely on your AHD know that your wishes have changed.
Why reviewing your AHD can also help your family
Reviewing your AHD is not only about your healthcare providers. It can also help your family and friends understand your current wishes.
Your family may be unsure whether the directions in your AHD still reflect what you want. This can be particularly difficult if you have made comments over the years that differ from an AHD you signed many years ago.
For example, you may have made an AHD ten years ago that expressed a particular view about medical treatment. Since then, you may have discussed your healthcare wishes with your family and expressed a different preference.
If your old AHD is still the document available to your healthcare providers, this could create uncertainty at an already difficult time.
Regularly reviewing your AHD can help ensure that it remains an accurate record of your current wishes.
What should you consider when reviewing your AHD?
When reviewing your Advance Health Directive, take the time to consider whether it still reflects your current wishes and circumstances.
- Read the entire AHD. Do not assume that your wishes remain the same simply because you have not thought about the document recently.
- Consider your healthcare wishes. Think about whether your views about medical treatment or other healthcare decisions have changed.
- Consider changes in your circumstances. Changes to your health, relationships or living arrangements may mean that your AHD needs updating.
- Review your attorney arrangements. Consider whether your appointed attorney remains the person you want to make decisions for you if required.
- Consider whether you need a new AHD. If your wishes have changed, you may need to revoke your existing AHD and make a new one.
- Make sure people can find your AHD. Queensland Government guidance recommends keeping the original in a safe place and giving copies to people who may need them, including your attorney and healthcare providers.
Is an old Advance Health Directive still valid?
An AHD does not simply become invalid because it is several years old. However, an old AHD may no longer reflect your current wishes or circumstances.
The age of an AHD may also become relevant if a health provider considers whether circumstances have changed. This can include advances in medical science that make a direction inappropriate. Section 103 of the Powers of Attorney Act 1998 (Qld) addresses these circumstances.
If your AHD is many years old, it is sensible to review it rather than assume that it still reflects your wishes.
What happened to the review section in older AHDs?
Older Queensland Advance Health Directive forms included a specific review section. This section allowed a person to confirm that they had reviewed the document and had no changes they wanted to make.
The current Queensland AHD framework uses the current Form 4 Advance Health Directive. The Queensland Government recommends reviewing your AHD regularly and after significant changes in your circumstances or wishes.
If you have an older AHD containing a review section, you should consider the document in light of the current Queensland forms and guidance. Do not assume that the review process used on an older form is the same as the process for a new AHD.
If you are unsure whether your older AHD remains appropriate, obtaining legal advice can help you understand whether you should review, change or replace it.
Key takeaway: review your Advance Health Directive regularly
Your Advance Health Directive records your wishes about future healthcare. It may guide decisions if you cannot make or communicate those decisions yourself.
That makes it important to keep your AHD up to date.
In Queensland, the Office of the Public Guardian recommends reviewing an AHD every two to three years. You should also review it after significant changes to your health, personal circumstances, relationships or healthcare wishes.
Regular reviews can help your family and healthcare providers understand your current wishes. They can also help identify directions that may no longer be appropriate because your circumstances or medical treatment options have changed.
If your wishes have changed, you should consider whether your existing AHD needs to be changed, revoked or replaced with a new document.
Frequently Asked Questions
How often should an Advance Health Directive be reviewed in Queensland?
The Queensland Office of the Public Guardian recommends reviewing an Advance Health Directive every two to three years. You should also review it after major life events or significant changes to your health, circumstances or wishes.
Does an Advance Health Directive expire in Queensland?
An AHD does not simply become invalid because it is old. However, an old AHD may no longer reflect your current wishes or circumstances. You should therefore review it regularly and update it when necessary.
Can I change my Advance Health Directive?
Yes. You can revoke your AHD while you have the capacity to do so. You can then make a new AHD that reflects your current wishes. The Queensland Office of the Public Guardian provides guidance about reviewing, changing and cancelling an AHD.
What happens if medical science changes after I make an AHD?
Section 103 of the Powers of Attorney Act 1998 (Qld) provides protection to a health provider in certain circumstances. This includes situations where the provider has reasonable grounds to believe that advances in medical science have changed circumstances to the extent that a direction in the AHD is inappropriate.
Should my family know about my Advance Health Directive?
It is sensible to tell the people who may need to be involved in your future healthcare that you have made an AHD and where they can find it. This can help your family and healthcare providers locate the document when they need it.
Should I make a new AHD if my wishes have changed?
If your wishes have changed, you may need to revoke your existing AHD and make a new one. The right approach will depend on your circumstances and the changes you want to make.
Need advice about your Advance Health Directive?
If you have an older Advance Health Directive or are unsure whether your current document still reflects your wishes, obtaining legal advice can help you understand your options.
Our team can advise you about Advance Health Directives and other aspects of future planning. We can help you understand whether you should review, change or replace your existing document.
Contact us today to discuss your Advance Health Directive and future planning needs.