Health care planning

Health Care Planning

Advance Care Planning involves setting out your wishes now for your future health and medical care.

There are three main types of advance care planning. These are:

Enduring Power of Attorney
Advance Health Directive; and
Statement of Views.

These forms of advance care planning only come into effect when you are no longer able to speak for yourself.

1. Enduring Power of Attorney (EPA)

An Enduring Power of Attorney (EPA) is a formal document used by an adult (the principal) to authorise one or more persons (the attorneys) to make personal and/or financial decisions on the principal’s behalf if the principal lacks capacity to make those decisions. An EPA allows you to name someone to make decisions on your behalf if or when you can no longer do so. That person (referred to as your “attorney”) can be authorised to make financial (money) decisions, personal decisions (for example, relating to health care), or both. An attorney appointed for personal matters will become the primary contact if you need medical treatment. People often make an EPA when they make a Will.

The person you select cannot make decisions about “special health matters” (e.g. organ donation). Those decisions are made by your next of kin (closest relative).

An example of an enduring power of attorney document that you can complete online can be found at: https://publications.qld.gov.au/dataset/power-of-attorney-and-advance-health-directive

Paper copies can also be obtained from many newsagents.

For more information, see LawRight’s:

2. Advance Health Directive (AHD)

This legally binding document tells health care professionals what treatment you would like to receive (or not receive) in the event that you are no longer able to make your wishes clear (e.g. you might be unconscious). While you are still able to speak for yourself, the Advance Health Directive will not be used.

Health professionals treating you must abide by your instructions in the Advance Health Directive, unless they are not consistent with good medical practice (you might have asked for something that could make your health worse) or are illegal (eg. a request for euthanasia).

When you fill out an Advance Health Directive, your doctor must agree that you understand your health condition(s) and the effect of making the Advance Health Directive. It is worth talking with your doctor before completing any forms.

You must also be at least 18 years old.

View LawRight’s step-by-step guide to completing an Advance Health Directive (with links to electronic forms) can be found by clicking the box below.

3. Statement of Views/Choices

If the person has completed an Enduring Power of Attorney or Advance Health Directive whilst they had capacity, they don’t need to do anything else. However, if a person lacks legal capacity and they have not pre-arranged an EPA or AHD, they may be able to get assistance to prepare a Statement of Views/Choices. Unlike an Advance Health Directive or EPA, this document lacks legal force, but it still may help guide medical and care practitioners in deciding care arrangements. A Statement of Views/Choices is usually prepared by a family member in collaboration with care professionals.

Read a more detailed explanation about a Statement of Views.

For information on other decision-makers for a person without legal capacity, such as the appointment of a guardian for health care for a person by the Queensland Civil and Administrative Tribunal (‘QCAT’) or appointment of a statutory health attorney see the factsheets at: Guardianship and Administration.

External resources

Public Guardian – The Office of the Public Guardian is an independent body, working to protect the rights and interests of adults who have an impaired capacity to make their own decisions.

Office of Public Guardian – Guardianship forms and publications – Access forms relevant to Power of Attorney matters.

More factsheets about Health Care Planning.

Contact LawRightApply for help

Disclaimer

The information in this resource is for general information purposes only and should not be relied on as legal advice. If you need legal advice, please contact LawRight or another lawyer. LawRight can only give advice to people who are eligible for our services.

by Karen Dyhrberg

Accessing your QCAT file

Accessing your QCAT file

When you make an application to the Queensland Civil and Administrative Tribunal (QCAT) you will need to lodge an application form and any supporting documents with the QCAT registry. The other party to the matter may also be required to file documents with QCAT to enable QCAT to deal with the application.

QCAT is also required to keep a register of certain details about each proceeding. It is sometimes a good idea to have a look at the record or register for your proceeding if you are not sure what stage the proceedings are at, to confirm what documents have been lodged with the court or to take copies of documents which are not in your possession.

This factsheet sets out how you can inspect the information kept by QCAT about your proceeding.

For information about the procedures that apply for access to information, see the fact sheet published by QCAT.

What is the record for a proceeding?

Under section 230 of the Queensland Civil and Administration Tribunal Act 2009 (Qld) (QCAT Act), the principal registrar must keep a record containing all documents filed in the registry for the proceeding.

Who can inspect the record for a proceeding?

A party to a proceeding may inspect the record for that proceeding, free of charge (s 230(2) QCAT Act).

A person who is not a party to a proceeding may inspect the record for a fee (s 230(3) QCAT Act).

The fees for inspection are set out in Schedule 1 to the Queensland Civil and Administration Tribunal Regulation 2009.

What is the register of proceedings?

Under section 229 of the QCAT Act, the principal registrar must keep a register of proceedings.

The register must contain the following information about each proceeding:

The proceeding file number;
The names of the parties;
If the proceeding is withdrawn, the date of the withdrawal;
If the proceedings have been transferred, or partly transferred, to another tribunal, court or other entity, then certain information about that transfer; and
QCAT’s final decision in the proceeding (Rule 100 QCAT Rules 2009).

Who can inspect the register of proceedings?

The register of proceedings must be available for inspection by the public at the Brisbane office of the registry during office hours on business days (s 229(2) QCAT Act).

A party to a proceeding may inspect the part of the register relating to their proceedings without charge (s 229(3) QCAT Act). Another person may inspect the register upon payment of the fee prescribed in the QCAT Rules (s 229(4), QCAT Act).

Can I take copies of the record or register?

Any person can take copies of documents from the record or part of the register upon payment of a fee (s 229(4)(b) and s 230(3)(b) QCAT Act). The fees are set out in Schedule 2 to the QCAT Regulation.

How can I stop another person from inspecting the record or register for my proceedings?

PLEASE NOTE: Non-publication orders do not apply to matters being heard under the Guardianship and Administration Act 2000 (Qld) (s 101(1)(a), Guardianship and Administration Act 2000 (Qld)). For more information about restricting the publication of information under that Act, see our factsheet GAA – Functions and powers of the Tribunal.

QCAT has the power to stop the publication of documents and information other than to certain persons. This is known as a non-publication order. A non-publication order can be made over:

The contents of a document or thing produced to QCAT;
Evidence given at QCAT; or
Identifying information of people who have appeared before QCAT or are affected by a proceeding (s 66(1) QCAT Act).

QCAT can only make a non-publication order if it considers it necessary:

To avoid interference with the proper administration of justice;
To avoid endangering the physical or mental health of a person;
To avoid offending public decency or morality;
To avoid publication of confidential information or information whose publication would be contrary to the public interest; or
For any other reason in the interests of justice (s 66(2) QCAT Act).

If a non-publication order has been made over documents or information contained in the record for a proceeding or the register of proceedings, then only people specified in the order may access that information. You can apply to QCAT for a non-publication order under s 66(3) of the QCAT Act using QCAT Form 40 – Application for miscellaneous matters.

This resource is current as of 21 February 2024