VOLUNTARY ASSISTED DYING EXPLAINED

Understanding Voluntary Assisted Dying in Queensland

From 1 January 2023, Queensland introduced laws allowing eligible people to access Voluntary Assisted Dying (VAD). While this legislation represents an important development in personal choice and end-of-life decision making, it is important to understand that VAD is only available in very specific and limited circumstances.

VAD is a legal process that enables an eligible person who is suffering from a terminal illness to request medical assistance to end their life. The decision must be entirely voluntary and can only proceed after a rigorous assessment process designed to protect vulnerable people and ensure informed decision making.

Under Queensland law, a person seeking access to VAD generally must:

be aged 18 years or older.
make the decision voluntarily, without pressure or coercion from others.
have the legal capacity to make healthcare decisions.
have a medical condition that is expected to cause death within 12 months and is causing suffering that the person considers intolerable.
be an Australian citizen or permanent resident and have ordinarily resided in Queensland for at least three years.

There are some exceptions to these requirements. For example, under certain circumstances, a person who lives outside Queensland may apply for an exemption. Each situation is assessed individually and subject to the requirements of the legislation.

It is important to note that VAD is not available simply because a person is elderly, living with a disability, or experiencing age-related health issues. The law is specifically aimed at people with an advanced, life-limiting condition who meet strict eligibility criteria.

For many families, conversations about end-of-life wishes can be difficult. However, discussing preferences early can help ensure that loved ones understand an individual's values and goals regarding healthcare and treatment. These discussions may include advance health directives, enduring powers of attorney, palliative care options, and, where appropriate, information about Voluntary Assisted Dying.

As legal and healthcare decisions become increasingly complex, obtaining professional advice can help individuals and families understand their rights, responsibilities and available options. Every person's circumstances are unique, and guidance from qualified legal and medical professionals can provide valuable clarity.

Planning Ahead for Peace of Mind

While conversations about end-of-life wishes can be challenging, they are an important part of ensuring your intentions are respected. Our team is available to assist residents with a range of estate planning matters, including Wills, Enduring Powers of Attorney, Advance Health Directives, and succession planning. Taking the time to put the right documents in place can provide clarity, reduce stress for loved ones, and help ensure your wishes are carried out when they matter most. If you would like to discuss your estate planning needs, please contact our office to arrange a confidential appointment.

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Providing financial assistance to adult children

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Many older people help their adult children financially, either with a loan, a gift or a conditional arrangement. If your adult child’s marriage or relationship breaks down, a property settlement may arise, and your financial assistance needs to be considered in the settlement. Suddenly, parents are left asking: “will I get my money back? ” or “ do I get a say in what happens next? ”. Understanding how parental contributions are treated in property settlements is critical to protecting your position and avoiding costly and unexpected outcomes. When relationships break down, money provided by parents often becomes a point of dispute, and assumptions made years earlier can be challenged. To properly understand your legal position, it must be clear what your intention was when you provided money or support, and what both parties understood and agreed at the time. Without that clarity, funds that were intended to be repaid or protected may be treated as a gift and absorbed into the property pool. Good records matter Many parents later say, “ We didn’t write anything down — we trusted them. ” Unfortunately, in a property settlement, trust is not evidence. Clear records can significantly reduce the risk of dispute and strengthen your position if your contribution is questioned. Relevant documents may include bank statements, receipts for renovations or household expenses, emails or text messages, notes made after discussions, and any written agreement — even an informal one. Small pieces of written information, taken together, can be critical in establishing whether money was intended as a loan, a gift, or a conditional contribution, and in avoiding expensive and emotionally draining litigation. If family law proceedings have started Once family law proceedings are underway, a property settlement can be finalised without regard to your contribution unless the Court is formally notified. If this occurs, you may lose the opportunity to recover the funds you provided or to have your interests properly considered. A lawyer can assist you to notify the Court of your involvement, seek to be included in the proceedings where appropriate, and take steps to protect your position before binding decisions are made. Early advice is critical. Best practice Providing financial assistance without documenting the arrangement carries significant risk. If a relationship breaks down, informal loans or gifts are often disputed and may be treated as contributions to the couple’s asset pool, rather than money repayable to you. Having a clear, written agreement in place from the outset significantly reduces the risk of uncertainty, conflict, and financial loss. It allows expectations to be managed early and provides a clear framework for what is to occur if circumstances change. Our experienced lawyers can help you put appropriate agreements in place to protect your financial position and minimise the risk of costly disputes, while also helping to preserve family relationships where possible.

WHAT TYPE OF WILL DO YOU NEED – SIMPLE OR COMPLEX?

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When it comes to estate planning, it’s essential to understand the different options available to ensure your assets are distributed according to your wishes. Simple Will The simple Will offers a straightforward distribution of assets to beneficiaries. It is the most common type of Will and does the following:- Appoints an executor to manage your estate and distribute assets; Outlines how your assets should be distributed on your death, often making ‘simple gifts’ of your estate assets to your beneficiaries, which they take in their personal names. These types of Wills are generally easy to implement and are generally suitable for non-complex estate planning circumstances. They offer minimal to no tax effectiveness or asset protection for your beneficiaries. Simple Wills are typically more cost-effective and make for a timely administration of an estate. They are ordinarily sufficient in the case of smaller estates, where there are no concerns about asset protection or tax planning and the beneficiaries are financially responsible. Testamentary Discretionary Trust Will A Testamentary Discretionary Trust (TDT) Will is a Will that sets up a discretionary trust inside the Will for your beneficiaries. It does not take effect until the Willmaker passes away. If one or more of your beneficiaries: are in an occupation which could carry a risk of litigation; are at risk of a marital or relationship breakdown; have special need or disabilities; or have a history of poor financial management; a TDT Will protects and manages the assets for them by appointing trustees to make appropriation decisions about the use of funds in the trust. When deciding between a simple Will and a TDT Will, consider your goals for asset distribution and the level of control you want over how and when beneficiaries receive their inheritance. At Payne Butler Lang, we can assist you with simple Wills and we can do more complex testamentary discretionary trust Wills. Importantly, we will also help you work out which one is most suited for your circumstances.