Review of an advance care directive
We can review the validity, cancellation, amendment or meaning of an advance care directive.
Victorians can make an advance care directive under the Medical Treatment Planning and Decisions Act 2016.
If you want to challenge, change or seek clarification about the meaning of an advance care directive you can apply to us.
Who can apply?
Most people can apply including relatives, guardians, health practitioners and social workers.
We may decide to reject an application if we do not believe the applicant has an interest in the affairs of the person who made an advance care directive.
What we can do
- Decide whether an advance care directive is valid.
- Cancel all or part of an advance care directive.
- Change an advance care directive.
- Suspend an advance care directive for a specific period.
- Provide advice to a medical treatment decision maker or health practitioner about the medical treatment of a person.
What we cannot do
We cannot make advance care directives on behalf of another person.
For information on how to make advance care directives, contact the Office of the Public Advocate
Cases we can't help with
We can’t accept:
- some cases where one party lives in another state or is a Commonwealth government organisation
- cases heard under federal law instead of Victorian law.
Documents you need to apply
- A current medical report which addresses the person’s capacity to make medical treatment decisions – download our medical report template and give this to their medical practitioner.
- A copy of the advance care directive.
- Any other documentation to support your case.
There are no application or hearing fees.
We can explain the application process and what the form is asking you for. Contact us to get support.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim.
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.
Be aware that the regulatory body in most cases uses legal representation.
Find legal services that may be able to assist you.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.