Is a Copy of an Advance Health Directive Legally Binding in Queensland?

A properly made advance health directive records decisions about future health care.

Its legal operation does not depend on compulsory registration with Queensland Health. Official guidance expressly recognises the use of certified copies.¹

Keep the Original Safe

Queensland Government guidance recommends keeping the original in a safe place and giving certified copies to the appropriate people and health providers.

Tell your family and any appointed attorney where the document can be found.

A health provider may add a copy to your patient record. That practical step should not be confused with a legal requirement to register the directive.

Certified Copies Are Recognised

A certified copy is made by having an authorised person certify a copy against the original.

Queensland guidance identifies a justice of the peace, commissioner for declarations, lawyer or notary public as people who can perform this certification.¹

Queensland Health’s enduring-document guidance recognises an original or certified copy when checking a directive.²

An ordinary emailed scan is not automatically a certified copy. The receiving provider may need to check whether it is complete, current and properly authenticated. Separately, Queensland Health provides a voluntary process for receiving copies for upload to its hospital electronic record.³

If the Original Is Missing

Start by checking with the people and organisations likely to hold it.

Ask your lawyer, attorney, family, doctor and relevant health service about the original, certified copies and existing records.

Do not assume that losing your own copy means no usable record exists. If the document cannot be verified, or you want to change your instructions, obtain advice about preparing a replacement while you have the required capacity.

Revocation and replacement should be handled carefully, including notifying the relevant people and avoiding conflicting versions.

Different Documents, Different Requirements

An advance health directive, enduring power of attorney and will do different jobs.

Do not transfer assumptions about original wills or a bank’s EPOA requirements to an advance health directive.

The directive must also be valid and applicable to the health decision in question. Merely holding a document does not answer every question about its operation.

See Also

• Episode 36: Estate planning documents and listener questions
• What is an advance health directive?
• Enduring powers of attorney
• Will review triggers and original storage

This page provides general legal information only; it is not personal legal advice. Everyone’s situation is different, so please seek independent legal advice for your own circumstances.