A legal framework for advance care directives has been introduced in Tasmania. This brings Tasmania into line with the mainland states.
The Guardianship and Administration Amendment (Advance Care Directives) Act 2021 commenced on 21 November 2022. It amends the Guardianship and Administration Act 1995.
The purpose of the act and advance care directives for which it provides is to:
- enable persons with decision-making ability to give directions about their future health care;
- enable persons with decision-making ability to express their preferences and values in respect of their future health care, including by specifying outcomes or interventions they wish to avoid;
- ensure that health care accords with a person’s directions, preferences and values; and
- protect health practitioners and others giving effect to the directions, preferences and values of the person receiving care.
Amendments have been made to the By Lawyers Powers of attorney, enduring guardianship, and advance care planning (TAS) publication, including:
- New commentary on advance care directives covering:
- a summary of the legal framework and general principles;
- the formal requirements, including witnessing and execution;
- registration with the Tasmanian Civil and Administrative Tribunal; and
- amendments and revocation;
- Advance care directive statutory form added to the matter plan;
- New Revocation of advance care directive and letters notifying relevant parties of the revocation;
- Amended Retainer instructions to record the client’s instructions;
- Amended Enclosure – Instructions for signing to add advance care directive signing requirements; and
- Amended Appointment of enduring guardian to reflect the changes to s 32 of the Guardianship and Administration Act 1995 relating to the endorsement of guardians. This applies to all appointments made from 21 November 2022.