What is an Advance Personal Plan, and who needs one?

Planning for a time when you may not be able to make decisions for yourself can feel confronting, but taking steps now protects your future.

An Advance Personal Plan (APP) in the Northern Territory gives you the ability to record your wishes now, ensuring your voice is heard, and your loved ones aren’t left guessing if unforeseen events occur. 

In this article, we explain what an Advance Personal Plan is, what it can include, who needs one and the steps involved in creating a plan that reflects your values and priorities.

What is an Advance Personal Plan?

An Advance Personal Plan (APP) is a legally binding document in the Northern Territory that lets you record your future wishes for health care, lifestyle and personal affairs and financial decisions. 

Created under the Advance Personal Planning Act 2013, these plans provide a framework for guiding decisions during your lifetime, unlike a will, which only applies after you die. An Advance Personal Plan only takes effect if you lose the ability to make or communicate decisions for yourself.

What makes the NT system unique is its breadth: while other states rely on medical-only documents or advance care directives, an Advance Personal Plan combines medical, lifestyle and financial choices into one plan. It also allows you to appoint trusted decision-makers, ensuring your values guide all aspects of your care and affairs.

What can you include in an Advance Personal Plan?

Each plan is individual, and you choose how much or how little detail to include. Here are four key components of an Advance Personal Plan.

Advance consent decisions

These decisions set out healthcare choices you would accept or refuse, such as life support, chemotherapy, mental health treatment or organ donation. Health providers must follow these decisions if you lose capacity.

Advance care statements

These statements help others understand what matters to you. They can cover:

• cultural or spiritual needs

• where you would prefer to live

• dietary preferences

• how you like to be cared for day-to-day

• beliefs about quality of life

Although not binding, they strongly guide decision-making.

Appointing decision-makers

You can appoint one or more trusted adults to make decisions on your behalf. This may include a spouse or partner, a family member, a close friend, or the Public Guardian or Public Trustee.

You may nominate different people for different responsibilities. For example, one person for health care and another for financial decisions. If you appoint someone under 18, they can only act once they turn 18.

Lifestyle, cultural and financial wishes

You can also include other personal preferences in your APP that help guide your care and daily life. Examples may include:

• Preferences for staying at home, moving to supported accommodation or living with family

• Foods, restrictions and important religious or cultural practices

• Clothing, hobbies and entertainment choices

• Managing money, paying bills or maintaining property if you lose capacity

Who needs an Advance Personal Plan?

Any adult in the Northern Territory with decision-making capacity can create an Advance Personal Plan. It’s not only for older people. It’s also valuable for:

• adults with strong views about their future care

• people with chronic illnesses

• individuals who live remotely or without close family nearby

• those with financial or property responsibilities

• anyone who wants clarity for their loved ones

An Advance Personal Plan can be especially helpful in emergencies, when decisions often need to be made quickly, and family members may be uncertain about what you would want.

How to make an Advance Personal Plan in the Northern Territory

The advanced personal planning process is straightforward, but like creating a valid will, there are important legal steps to follow.

Step 1. Complete the form

You can complete the Advance Personal Plan form yourself. Before you do, you may want to speak with:

• the people you’re considering as decision-makers

• your family

• your doctor or treating health professionals

If your wishes change later, you can make a new plan as long as you have capacity.

Call the Public Guardian and Trustee to have a form posted to you.

Step 2. Have your plan witnessed

An approved witness must sign your Advance Personal Plan. These include:

• Justices of the Peace

• Commissioners for Oaths

• legal practitioners

• police officers

• doctors or health professionals

• accountants

• local government CEOs

• social workers

• NT school principals

Step 3. Register your plan

You can register your plan for free with the Public Guardian and Trustee by filling in the application to register an Advance Personal Plan form. If your Advance Personal Plan includes someone who can make decisions about land you own, you must also register the original document with the Land Titles Office, and a fee applies.

Step 4. Provide copies to health services

If your Advance Personal Plan includes health care decisions:

• give a copy to your GP, hospital or other treating professionals

• upload a copy to your My Health Record

Step 5. Store your plan safely

Keep the original somewhere secure, such as with your will, and provide certified copies to:

• decision-makers

• family members

• carers

• anyone who may need to act on your behalf

A notification card in your wallet can also be helpful.

Step 6. Update your plan as needed

You should consider making a new plan if:

• your circumstances or wishes change

• a decision-maker can no longer act

• you update your will

• your health or living situation changes

Only the most recent plan will apply.

What happens if you don’t have an Advance Personal Plan?

Without an Advance Personal Plan, decisions about your health care, finances and lifestyle may be made by family members, health providers or statutory bodies. This can lead to:

• uncertainty about what you would have wanted

• stress or disagreements among relatives

• delays in medical or financial decisions

• involvement from the Public Guardian or Public Trustee

• outcomes that may not reflect your values

Much like what happens if someone passes away without a will, leaving these decisions unplanned can create confusion and emotional strain for those left behind. Creating a plan ensures your wishes are clear and reduces the burden on your loved ones.

How Halfpennys Lawyers can help protect your wishes

Putting an Advance Personal Plan in place is an important step in safeguarding your future. At Halfpennys, our experienced Advance Personal Plan lawyer can provide step-by-step guidance to complete your plan, expert advice to ensure it meets all NT legal requirements, and assistance with registering, updating and securely storing your plan

Our personalised, compassionate guidance is tailored to your life, values and priorities, giving you peace of mind and ensuring your wishes are clear, legally sound and easy for others to follow. Let us take the stress out of advance personal planning. Contact Halfpennys Lawyers today.