Medical Directives

Medical Directives

Planning ahead isn’t just about your assets—it’s about your values, your care, and your dignity. A Medical Directive (also known as an Advance Care Directive) empowers you to make clear, legally binding decisions about your future medical treatment, especially if you become unable to speak for yourself. 

At Make Your Will, we help you create Medical Directives that reflect your wishes and comply with the laws of your state—whether you’re in Victoria, South Australia, or New South Wales. 

Victoria:

Medical Treatment Planning and Decisions Act 2016

In Victoria, planning for future healthcare is governed by the Medical Treatment Planning and Decisions Act 2016. Two key documents help ensure your wishes are respected: Advance Care Directive (ACD) An Advance Care Directive allows you to:
  • Record your values and preferences for future medical care
  • Make specific instructions about treatments you consent to or refuse
  • Nominate a Support Person to help you understand and communicate decisions
  • This document becomes active only if you lose decision-making capacity.
Witnessing Requirements To be legally valid, an Advance Care Directive must be:
  • Signed in the presence of two adult witnesses
  • One witness must be a registered medical practitioner
  • The other witness can be any adult not appointed as your Medical Treatment Decision Maker
  • Witnesses must certify that:
    • You had decision-making capacity
    • You signed freely and voluntarily
    • You understood the nature and effect of the directive
Appointment of Medical Treatment Decision Maker This form lets you appoint someone to make medical decisions on your behalf if you lose capacity. You can appoint:
  • One or more trusted adults
  • Someone who understands your values and will act in your best interests
  • Witnessing Requirements

    To be valid, this form must be:
    • Signed in the presence of two adult witnesses
    • Neither witness needs to be a medical practitioner
    • Lawyers are permitted to witness this form
Witnesses must certify that:
  • You had decision-making capacity
  • You signed voluntarily
  • They are not appointed as your decision maker
  • At Make Your Will, we guide you through:
    • Understanding which forms are right for you
    • Ensuring your documents meet legal requirements
    • Coordinating with medical practitioners for witnessing when needed
    • Providing warm, professional witnessing by our legal team where appropriate
    • Your care, your choices—clearly documented and compassionately supported.

South Australia:

Advance Care Directives Act 2013 South Australians can make a statutory Advance Care Directive under the Advance Care Directives Act 2013. This directive allows you to:
  • Record your preferences for future medical care, living arrangements, and personal matters
  • Appoint one or more Substitute Decision-Makers
  • Refuse specific treatments, including life-sustaining interventions (binding unless related to self-harm)
  • Your directive becomes active when you lose decision-making capacity and must be followed by healthcare professionals.

New South Wales:

Common Law Advance Care Directives

NSW does not have a statutory form for medical directives, but Common Law Advance Care Directives are legally recognised. You can:
  • Write a directive outlining your treatment preferences and values
  • Appoint an Enduring Guardian to make decisions if you lose capacity
  • Nominate a Person Responsible (in priority order) if no directive or guardian exists