Touchstone provides a platform for documenting and sharing your wishes relating to medical treatment. The advance care plan created by using the questionnaire on Touchstone’s website does not meet the formalities required in state or territory legislation (it is not a statutory Advance Care Plan). If you would like the additional protection of an Advance Care Plan made under statute, you must speak to your GP or lawyer.
Our Advance Care Plan offers a simple and easy mechanism to create a statement of your wishes. However ultimately it is only a court or tribunal that can declare an Advance Care Plan to be legally binding. They might need to do this if the validity of an Advance Care Plan is challenged.
There are other circumstances when a health practitioner is not bound by your Advance Care Plan, namely:
- If the treatment consented to is futile;
- If the treatment refused is palliative care;
- If decision-making capacity is required of a patient in order to lawfully administer the treatment (eg. voluntary assisted dying in Victoria);
- If other laws apply which preclude a health practitioner from relying on the Advance Care Plan.