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Justice of the Peace (qualified) Queensland

An unofficial reference based on the duties of Justices of the Peace (Qualified)
The Queensland Government holds copyright for all the material referenced on this site

Advanced Health Directive (ahd)

This file last saved 13 August, 2019 12:45

introduction

1. The Advanced Health Directive (AHD) prescribed form may be downloaded in PDF format from here.
2. An AHD is a document where the principal sets out instructions about their future health care in case the time comes when they are unable to make such decisions or to speak for themselves. The instructions only come into effect when (and if) the principal loses either decision-making capacity or the capacity to make their wishes known.
3. AHDs are not the same as an Enduring Power of Attorney (EPA) appointing an attorney for personal and health matters because they give specific directions in relation to a range of medical condition, including some that fall outside the authority of an attorney for health matters. For example, an atttorney is not permitted to make decisions about 'special health matters' such as donation of body organs or tissues, or experimental health care.
4. The AHD does include a section where the principal can appoint an attorney for personal and health matters if they have not already done so. They can use this section to give the attorney specific instructions about health care.
5. The Powers of Attorney Act 1998 states an understanding of the following matters is necessary:
1. the principal may specify or limit the power given to an attorney;
2. when the power begins;
3. once the attorney's power for a matter begins, they will have the power to make decisions about the matter and will have full control ovr it, in accordance with the instruction included in the document;
4. the principal may revoke the EPA at any time, so long as they have capacity to do so;
5. the power the principal has given continues even if their capacity to make decisions becomes impaired; and
6. if at any time the principal loses capacity to revoke the EPA, they will also be unable to effectively oversee the use of the power.
6. To check this understanding you will need to ask the principle questions. Keep a detailed record of the questions asked, and the answers given, in case the EPA is ever disputed. You should use open questions.

Steps

7. Complete the following steps:
1. Identify the principal and ensure that this is their AHD.
2. Ask the principal if any other eligible witnesss has refused to witness the document. This may identify further potential problems.
3. Check that the principal has discussed the document with a medical practitioner and that this person has recently signed and dated Section 5.
4. Read the document with the principal and clarify any points that have not been clearly stated.
5. Ensure the principal has completed Sections 1 to 4 and 8.
6. Ensure the principal completes Section 6 if an attorney has already been appointed for personal or health matters. If Section 6 has not been completed, the principal may complete Section7 and appoint an attorney for personal or health matters.
7. Check Section 3 and ensure that the principal initials any boxes that are ticked and that lines are drawn through those that the principal does not wish to apply.
8. Check the document for alterations. These must be initialled by the principal and the JP.
9. Check the document for blank spaces and questions not answered. These must have lines drawn through them and be initialled by the principal and JP. Large empty spaces must be Z'd out and initialled by both.
10. Establish that the principal has the capacity to sign the document. This requires the JP to establish, through open-ended questions that the principal understands the content and the consequences of them signing the AHD.
11. Ensure that the document is correctly dated with the date of signing.
12. Witness Section 8 with your signature.
13. Sign the witness's certificate in Section 9 in blue or black. Affix your seal of office and insert your registration number. Do not place the seal over your signature or your signature over your seal.
14. If the attorney is present, ensure that they are eligible and have read the attorney's acceptance. There is no need to witness the attorney's signature.
15. Note the details of the document, including the questions asked and all action taken in your log book.

certifying copies

8. Each page of the document except the last page must be certified as a true and complete copy of the corresponding page of the original, and the last page must show certification that the document is a true and complete copy of the original.

References

9. The Duties of Justices of the Peace (Qualified) Handbook,Queensland Government - June 2017, Section 4.9.