Will You Do As I Ask? Compliance with Instructions About Health Care in Queensland

Abstract

Ben White LLB (Hons) (QUT) is an Associate Lecturer, Faculty of Law, Queensland University of Technology; Lindy Willmott BCom (Qld), LLB (Hons) (Qld), LLM (Cantab) is an Associate Professor, Faculty of Law, Queensland University of Technology. The authors wish to thank Ms Colleen Cartwright, Senior Research Fellow, Australasian Centre on Ageing, University of Queensland for her suggestions and advice on aspects of this article. The authors also wish to thank Ms Paula Scully, the Adult Guardian, for her input. All views expressed, of course, are the authors. At common law, an adult can give directions about their future health care prior to losing capacity. Provided this health directive is sufficiently clear, is made with full knowledge of all relevant information and covers with the medical situation that arises, it will be binding on health professionals who later care for the adult. The Queensland Powers of Attorney Act 1998 and Guardianship and Administration Act 2000 govern, among other things, health care for those who lack capacity to make such decisions for themselves. They also provide for health directives to be made in advance, although unlike the common law, these directives must comply with certain formal requirements. This article doubts that common law health directives continue to bind health professionals in light of Queensland's legislative regime and suggest reform.