Voluntary Assisted Dying in Queensland & Your Estate Planning

Queensland has now joined other states in passing laws for Voluntary Assisted Dying. The bill was passed in Queensland on 16 September 2021 and the Voluntary Assisted Dying Act 2021 (Qld) is set to be enacted next year on 1 January 2023.


The new Voluntary Assisted Dying (VAD) laws will allow terminally ill individuals who are nearing the end of their life the option to die at a time and place of their choosing. Along with other strict eligibility requirements, in order to access VAD in Queensland you must:


  • be deemed to have capacity to understand the decision that you are making;

  • be diagnosed with a terminal illness or condition that will likely cause you to die within 12 months or less; and

  • be suffering from intolerable pain or discomfort caused by the terminal illness/medical condition.


As you can see from the above requirements, VAD is not something that you can plan for or include such wishes in your Enduring Power of Attorney or Advance Health Directive.


Further information in relation to VAD in Queensland can be found on the Queensland Health website at https://www.health.qld.gov.au/

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