Checklist · Health & Medical Law

Advance care directive (Victoria): instructions note, completion and witnessing checklist, and decision-maker map

A checklist for helping a Victorian client make an advance care directive under the Medical Treatment Planning and Decisions Act 2016: values and instructional directives, capacity, in-person witnessing, copies, revocation and who the medical treatment decision maker will be.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Victoria
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the authority it cites, for Victoria.
Version
1
Source
Written for this library

When to use it

Use when a client in Victoria wants to record their values about future medical treatment or make binding instructions to consent to or refuse treatment, often alongside a will, powers of attorney or the appointment of a medical treatment decision maker.

How AI may be used

The client's values and instructions must be in their own words, settled with their health practitioner where treatment is involved; AI may only organise the lawyer's notes and the checklist, and writes nothing that goes into the directive.

AI may

  • Organise the lawyer's file notes of the instructions meeting under the checklist headings
  • Prepare the decision-maker map from the client's family details for the lawyer to check
  • Track who holds copies and diarise a review

AI must not

  • Must not draft or suggest wording for the values directive or the instructional directive
  • Must not assess or record a view on the client's decision-making capacity
  • Must not suggest specific treatments to consent to or refuse

The lawyer checks

  • The client understands the difference between a values directive and a binding instructional directive, and has discussed any instructional directive with a health practitioner
  • Two adult witnesses sign in person, one a registered medical practitioner, and neither is an appointed medical treatment decision maker for the client
  • Any interpreter attends in person and signs the form
  • The decision-maker map is correct, and any earlier medical enduring power of attorney or interstate appointment is identified

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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