Advance Care Directive Lawyers in Sydney & NSW
- Documenting your future healthcare wishes.
- Ensuring your values & preferences are respected.
- Clear, legally recognised guidance for your family.
- Take control of your future medical care today.
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NSW Advance Care Directive Lawyers Serving:
Seniors & Retirees
Providing peace of mind for seniors and retirees by formally documenting their end-of-life wishes and medical treatment preferences.
Seniors & Retirees
Parents & Spouses
Helping parents and spouses create clear directives to ease the burden of difficult healthcare decisions on their loved ones during a crisis.
Parents & Spouses
Individuals with Health Concerns
Providing urgent and sensitive advice to ensure specific medical treatment preferences are legally recorded for those with ongoing health issues.
Individuals with Health Concerns
Single & Independent Individuals
Guiding single individuals in formally documenting their healthcare wishes to ensure their autonomy is respected when there is no automatic next of kin.
Single & Independent Individuals
Holistic Estate Planners
Assisting clients in integrating a legally binding Advance Care Directive with their Will and other estate planning documents for complete protection.
Holistic Estate Planners
Our Specialised Advance Care Directive Services
Drafting Advance Care Directives
We expertly draft clear and legally binding Advance Care Directives, ensuring your future medical and healthcare wishes are accurately recorded.
Integration with Estate Plans
We provide advice on how your ACD integrates with your Will, Power of Attorney, and Enduring Guardianship for a complete and holistic plan.
Reviewing & Updating Directives
We assist in formally reviewing, updating, or revoking an existing Advance Care Directive if your personal circumstances or wishes change over time.
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Our Advance Care Directive Process
1
Initial Consultation & Values Discussion
We begin with a sensitive consultation to discuss your values, beliefs, and specific preferences for future medical care & treatment.
Initial Consultation & Values Discussion
We begin with a sensitive consultation to discuss your values, beliefs, and specific preferences for future medical care & treatment.
2
Drafting Your Directive
Our lawyers expertly draft a clear and legally robust Advance Care Directive that accurately reflects your personal wishes and instructions.
Drafting Your Directive
Our lawyers expertly draft a clear and legally robust Advance Care Directive that accurately reflects your personal wishes and instructions.
3
Document Review & Explanation
We review the drafted document with you, explaining each clause to ensure it fully captures your intentions before it is finalised.
Document Review & Explanation
We review the drafted document with you, explaining each clause to ensure it fully captures your intentions before it is finalised.
4
Formal Signing & Finalisation
We guide you through the formal signing and witnessing process to ensure your Directive is valid, and provide copies for your doctor and Guardian.
Formal Signing & Finalisation
We guide you through the formal signing and witnessing process to ensure your Directive is valid, and provide copies for your doctor and Guardian.
Rated 5-Star By Our Clients
Why Create Your Advance Care Directive With Us
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience in preparing sensitive and legally robust Advance Care Directives for our clients.
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience in preparing sensitive and legally robust Advance Care Directives for our clients.
Compassionate & Clear Guidance
We take the time to understand your personal values, providing clear and empathetic guidance to ensure your healthcare wishes are accurately reflected.
Compassionate & Clear Guidance
We take the time to understand your personal values, providing clear and empathetic guidance to ensure your healthcare wishes are accurately reflected.We provide clear and compassionate guidance, managing the entire Probate application process to relieve you of the administrative burden during a difficult time.
Ensuring Legal Validity
Our drafting process ensures your directive is clear, unambiguous, and legally binding, providing certainty for your family and medical professionals.
Ensuring Legal Validity
Our drafting process ensures your directive is clear, unambiguous, and legally binding, providing certainty for your family and medical professionals.
Complete Peace of Mind
We provide the expert legal support needed to ensure your future healthcare decisions are in your control, giving you complete peace of mind.
Complete Peace of Mind
We provide the expert legal support needed to ensure your future healthcare decisions are in your control, giving you complete peace of mind.
Speak to us Now or Request a Consultation.
What is an Advance Care Directive?
An Advance Care Directive (ACD), sometimes called a “living will,” is a formal legal document that outlines your preferences for future medical care and end-of-life treatment. It speaks for you when you can no longer speak for yourself, ensuring your values and wishes are respected by your family and healthcare professionals.
This directive can specify what treatments you consent to or refuse, such as resuscitation or life-prolonging measures. While an Advanced Care Directive can be a simple letter in NSW, a professionally drafted directive ensures your wishes are unambiguous and legally robust, preventing confusion when it matters most. PBL Law Group can help you articulate your choices with absolute clarity.
Planning Ahead: Protecting Your Family & Autonomy
Without clear instructions, your loved ones face the distressing burden of making difficult medical decisions on your behalf during an emotional time. This can lead to family conflict and uncertainty, as they may not know what you would have wanted. An Advance Care Directive removes this burden and provides them with clear guidance.
Preparing a directive is a profound act of care for your family, providing them with peace of mind. It also protects your personal autonomy, ensuring you retain control over your own healthcare decisions. Seeking expert legal advice ensures this document provides true peace of mind, removing legal and emotional ambiguity for your family.
Making Your Directive Valid & Legally Binding in NSW
For an Advance Care Directive to be legally binding in NSW, it must be made voluntarily while you have full decision-making capacity. It must clearly apply to the specific medical situation at hand and be free from ambiguity.
The absence of a prescribed government form in NSW makes professional drafting crucial. A lawyer ensures your directive is clear, comprehensive, and meets all common law requirements to be upheld by medical professionals. At PBL Law Group, we ensure every technical aspect is covered so your directive is enforceable.
Advance Care Directive vs. Enduring Guardianship & Power of Attorney
It is vital to understand how your Advance Care Directive works with other estate planning documents. An ACD details what your healthcare wishes are. An Appointment of Enduring Guardian specifies who makes health and lifestyle decisions for you, and they are bound by your ACD. A Power of Attorney only covers financial and legal decisions.
These three documents form the core of a comprehensive plan for your future well-being. Ensuring they work together seamlessly without contradiction is a key part of holistic estate planning. PBL Law Group specialises in creating an integrated suite of documents that provides complete protection for your future.
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How Can Our Expert NSW Wills & Estate Lawyers Help?
Wills Drafting & Review
Crafting & updating clear, legally sound Australian wills to ensure your specific wishes for your domestic assets are documented & protected & more…
Wills Drafting & Review
Domestic Estate Planning
Developing tailored Australian estate plans to safeguard domestic assets, minimise tax, & provide for your loved ones effectively & more…
Domestic Estate Planning
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Expert advice on cross-border estate planning, international wills & trusts, managing overseas assets & navigating tax-efficient wealth transfer strategies & more…
International Estate Planning
Challenging a Will
(Validity Issues)
(Validity Issues)
Expertly challenging the validity of a will based on grounds like undue influence, lack of testamentary capacity, suspicious circumstances, or fraud & more…
Challenging a Will
(Validity Issues)
Contesting a Will
(Family Provision Claims)
(Family Provision Claims)
Assisting eligible persons to contest a will for adequate provision under the Succession Act 2006 (NSW), navigating negotiations & court claims for a fair share & more…
Contesting a Will
(Family Provision Claims)
Defending a Will
Representing executors & beneficiaries in defending the validity of a will against challenges or defending against family provision claims & more…
Defending a Will
Grant of Probate
Guiding Executors through the Supreme Court process to obtain a Grant of Probate, which officially validates the Will and authorises them to act.
Grant of Probate
Appointment of Enduring Power of Attorney
Preparing essential enduring powers of attorney to appoint trusted individuals for your critical financial & legal decisions if you lose capacity & more…
Appointment of Enduring Power of Attorney
Appointment of Enduring Guardian
Drafting appointments of enduring guardians to make crucial personal, lifestyle & healthcare decisions on your behalf if you’re unable & more…
Appointment of Enduring Guardian
Testamentary Trusts
Establishing effective testamentary trusts within your will for asset protection, tax benefits, and flexible provision for beneficiaries & more…
Testamentary Trusts
Intestacy Law & Advice
Guiding families through the complexities of intestacy when a loved one dies without a valid will, ensuring legal distribution of assets & more…
Intestacy Law & Advice
Letters of Administration
Resolving disputes between executors, administrators, or beneficiaries regarding the management & administration of a deceased estate & more…
Letters of Administration
Administration of Estate
Assisting Executors with the administration of deceased estates, ensuring the lawful and efficient collection, management, distribution of assets & more…
Administration of Estate
Advance Care Directive
Drafting clear and legally sound directives to outline your future medical treatment and end-of-life care wishes & more…
Advance Care Directive
Special Disability Trusts
Establishing specialised trusts to provide for the long-term care and financial security of a loved one with a severe disability & more…
Special Disability Trusts
Advance Care Directive FAQs
What is an Advance Care Directive (ACD)?
An Advance Care Directive is a formal document where you state your preferences and instructions for your future healthcare and end-of-life care. It is sometimes also known as a ‘Living Will’.
When does an Advance Care Directive take effect?
It only comes into effect if you lose the mental capacity to make or communicate your own decisions due to a serious illness or injury. While you have capacity, you always make your own decisions.
What is the difference between an Advance Care Directive and an Enduring Guardian?
An Appointment of Enduring Guardian is a document where you appoint a person to make decisions for you. An Advance Care Directive is where you state your specific wishes to guide that person and your doctors. They are complementary documents.
Can an Enduring Guardian override my Advance Care Directive?
No. A valid and clearly written Advance Care Directive is legally binding on your Enduring Guardian and your healthcare professionals. They must respect the instructions you have set out.
Is an Advance Care Directive legally binding in NSW?
Yes. While NSW does not have a specific legislated form, a properly made Advance Care Directive is recognised and legally binding under common law, provided it is clear, unambiguous, and applies to the current situation.
What kind of decisions can I include in my Advance Care Directive?
You can include instructions about what medical treatments you would accept or refuse (like resuscitation or life support), your preferences for palliative care, where you would prefer to be cared for, and your personal values.
Can I request illegal treatments like euthanasia in an Advance Care Directive?
No. An Advance Care Directive cannot be used to request any treatment that is unlawful in NSW, such as euthanasia.
Can I demand specific treatments in my Advance Care Directive?
You can state your preferences for treatment, but you cannot demand treatment that a doctor deems medically inappropriate or of no benefit to your condition.
Who can make an Advance Care Directive?
Any adult over the age of 18 can make an Advance Care Directive, provided they have the mental capacity to understand the nature and consequences of the decisions they are making at the time of creating the document.
How do I make an Advance Care Directive?
While you can simply write down your wishes, it is highly recommended to have it professionally drafted by a lawyer to ensure it is clear, unambiguous, and legally robust, which will prevent confusion for your family and doctors.
Do I need a lawyer to witness my Advance Care Directive?
While not strictly required by law like an Enduring Guardianship, having a lawyer witness your Advance Care Directive adds significant weight to its validity and helps prove it was made voluntarily and with full understanding.
Can I change or revoke my Advance Care Directive?
Yes. You can change, update, or completely revoke your Advance Care Directive at any time, as long as you still have the mental capacity to do so. It is wise to review it periodically as your health or values change.
Who should I give copies of my Advance Care Directive to?
You should provide copies to your appointed Enduring Guardian(s), your GP, your close family members, and any hospital or aged care facility where you receive care. It can also be uploaded to your My Health Record.
What happens if I don't have an Advance Care Directive?
If you lose capacity, your Enduring Guardian (if appointed) or your ‘person responsible’ (often your next of kin) will have to make decisions for you without any formal guidance on your personal wishes, which can be very stressful for them.
Does my Advance Care Directive expire?
No, an Advance Care Directive does not have an expiry date. It remains valid until you choose to revoke or replace it.
What if my Advance Care Directive is too vague?
If a healthcare professional finds your directive to be unclear or ambiguous in a specific situation, they may not be able to follow it and will have to act in what they determine to be your best interests. This is why professional drafting is so important.
Can I make an Advance Care Directive as a separate document from my Enduring Guardianship?
Yes. You can have a standalone Advance Care Directive. However, it is often beneficial to include it within or attach it to your Appointment of Enduring Guardian document so your wishes and the person appointed to carry them out are in one place.
Why is an Advance Care Directive an important part of estate planning?
Estate planning is not just about assets. It’s about planning for your entire future. An Advance Care Directive is a crucial part of this, as it protects your personal autonomy and wellbeing while you are alive but unable to speak for yourself.
Should I discuss my Advance Care Directive with my doctor?
Yes, it is highly recommended. Discussing your wishes and the medical terminology with your doctor ensures that your directives are well-informed, practical, and clear for other healthcare professionals to follow.
Is a "Living Will" the same as an Advance Care Directive?
Yes, the terms “Living Will” and “Advance Care Directive” are often used interchangeably in Australia to describe a document that sets out your future healthcare and medical treatment preferences.
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