What Is an Advance Health Directive & How Does It Work?
When it comes to making medical decisions, certainty matters. An Advance Health Directive (AHD) is a legal document that allows you to set out your medical preferences in advance, ensuring your choices are respected even if you lose the ability to communicate them in the future.
Whether due to illness, injury or a gradual decline in capacity, life can take unexpected turns. An AHD gives you a voice during moments when you may not be able to speak for yourself—providing reassurance to you and clarity for those around you.
What Exactly Is an Advance Health Directive?
An Advance Health Directive is a legally binding document that outlines the types of medical treatment and care you do—or do not—want to receive if you’re unable to make decisions at the time they’re needed. This could include directions about:
Life-sustaining treatment
Resuscitation efforts
Palliative care preferences
Specific procedures or medications you wish to refuse or accept
In Western Australia, AHDs are recognised under the Guardianship and Administration Act 1990. When properly executed, they must be followed by healthcare providers, making them a powerful tool for protecting your personal autonomy.
If you're unsure whether you need one, you may want to read our blog: Do You Need an Advance Health Directive?
How Does an Advance Health Directive Work?
Creating an AHD involves thinking carefully about your values, beliefs, and medical preferences. You will need to complete a prescribed form and sign it in front of an authorised witness—often a doctor who can confirm you understand the nature and implications of your decisions.
Once in place, the directive only takes effect if you're found to lack capacity. Until that point, you remain fully in control of your healthcare choices. When capacity is lost, healthcare professionals are legally required to follow your directive, provided it applies to the situation at hand.
This ensures you retain control over your medical care, even if you're not in a position to actively participate in decision-making.
Why Is It Important?
An Advance Health Directive isn’t just a piece of paperwork—it’s a form of protection, reassurance, and forward thinking. It can:
✔ Preserve your autonomy
✔ Prevent disputes between family members
✔ Provide peace of mind to your loved ones
✔ Ensure medical professionals follow your wishes
It’s especially valuable when used in combination with other planning tools like an Enduring Power of Guardianship, which allows you to appoint someone to make broader lifestyle and health decisions on your behalf.
To explore how AHDs compare to other tools, see: Advance Health Directives: Pros and Cons
Can It Be Changed?
Yes. As long as you retain decision-making capacity, you can revoke or update your Advance Health Directive at any time. This flexibility allows your directive to evolve with your circumstances—whether you’ve received new medical advice, experienced a change in personal beliefs, or simply wish to clarify your instructions.
Plan with Confidence
At Bechelet & Co, we specialise in estate planning tailored to the laws of Western Australia. From drafting your Advance Health Directive to advising on Enduring Powers of Guardianship and contested estates, our legal team is here to ensure your voice is heard—no matter what the future holds.
Don’t leave your health decisions to chance. Let us help you put the right plans in place.
Contact us today to speak to an estate planning expert and take the next step towards securing your future.
