Living Wills
Creating an Advance Healthcare Directive to dictate your healthcare wishes.
Make a Living Will with Betar Lawyers Sydney
A Living Will - also known as an Advance Healthcare Directive or an Advance Care Directive - is a legally-binding document that outlines what healthcare treatment you do or do not want, in the event that you are seriously ill or injured and cannot make decisions or communicate.
What does a Living Will mean?
A Living Will applies to medical, surgical and dental treatment, including offering, withholding or discontinuing life-prolonging measures.
It gives your loved ones certainty about your wishes because you have already made those difficult decisions for them, which can be especially important for end-of-life care.
A Living Will/Advance Healthcare Directive:
Can only be created by someone over the age of 18 who has the mental capacity to understand its implications
Can only be applied to your care when you become unable to make your own decisions or dictate your healthcare wishes. Doctors will decide if it is valid for your situation at that time
Can specify what you want to happen in certain medical scenarios, such as incurable terminal illness, severe brain injury or illness or injury which you cannot recover from.
Expert Legal Advice with Compassion & Care
Creating a Living Will/Advance Healthcare Directive can be a very sensitive, personal and emotional matter.
Betar Lawyers has supported many people in the creation of a Directive, with respect, compassion and dignity.
We will ensure your Directive fully outlines all your wishes in different medical scenarios, liaising with your trusted medical advisors if you wish, and that you and your family clearly understand what will happen.
Why do I need a Living Will?
A Living Will outlines what medical care you do and do not want – including life prolonging measures and end of life care – when you cannot communicate your wishes or make these decisions.
It can save your family and loved ones from uncertainty and distress, because they do not have to second-guess what you would want, in the event that something happens to you. If you are creating a comprehensive estate plan, a Living Will would be included.
The best thing is you make an informed decision whilst you are in good health. This is something that your loved ones can take particular comfort in, especially your children.
At the most important time of critical illness or end of life, decisions are emotionally driven, and your children (even adult children) may find making decisions extremely difficult. You can effectively take this decision-making process out of their hands and give them the comfort of knowing they are carrying out your wishes.
Living Will FAQs
+ Is an Advance Care Directive and a Living Will the same thing?
Yes, a Living Will is also known as an Advance Care/Advance Healthcare Directive.
+ What’s the difference between a Living Will and Guardianship?
A Living Will/Advance Healthcare Directive is different to appointing a Guardian.
Your Guardian makes medical care decisions on your behalf when you cannot. What medical decisions they can and cannot make is up to you, as you can specify this in your Guardianship document. For instance, they can decide about withdrawing or continuing life sustaining measures, if you have given them this authority.
But if you have a Living Will, what you put in your Living Will must be followed and considered by your Guardian – if you have one - and healthcare professionals must take notice of their decision according to your Guardianship document, before any medical decisions are made. That’s why it is advised that you have both a Living Will and a Guardianship in your estate plan, as it gives you absolute certainty that your wishes will be carried out.
Like the Living Will, quite often you will appoint your partner as your primary Guardian, followed by your children. If you do not have a partner and children, then you might appoint a living relative or a close friend.
Again, the details that we include in your Guardianship document ensure that the heavy burden of making these medical decisions, particularly during critical illness or at end of life, are details to relieve your Guardian of having to make choices and decisions without your guidance and instruction. You can learn more about Guardianship on our Guardianship page.
+ How do I create a Living Will/Advance Healthcare Directive?
Because there is no set legal paperwork for a Living Will or Advance Healthcare Directive in NSW, it makes very good sense to ensure that the document is prepared properly with advice from a legal professional. So that you understand its implications, when it would come into effect and have peace of mind that your wishes are accurately reflected. We can arrange your Living Will as part of your estate plan. Just make an appointment with our friendly team on (02) 9279 1100.
+ What should I put in my Living Will?
As your Living Will deals with situations when you cannot make decisions or communicate your medical wishes, you might want to include things like:
- When you do and do not want life-prolonging or life-sustaining medical care – you can specify under what circumstances/situations
- What palliative care you do and do not want
- If you wish to be an organ donor in the event of your death
- Any other aspects of your medical care you wish to specify
We can help you draft a Living Will that covers every eventuality and accurately documents your wishes.
+ Can someone override what’s in my Living Will?
No. Medical professionals, family members or your Guardian – if you have appointed one – cannot override your wishes as stipulated in your Living Will.
+ Can I change my Living Will?
Yes – your feelings may change over time. You just need to make sure that your Living Will documentation is reviewed and updated. Again, it’s sensible to do this with the help of a legal professional, in case there is any aspect you are not sure about.
+ What’s the difference between a Living Will and Power of Attorney?
A Power of Attorney gives someone the authority to make financial decisions on your behalf. It does not deal with medical care. Your Power of Attorney can be General – so only applicable when you have capacity to make decisions for yourself – or Enduring, which means that your financial affairs are still taken care of in the event you become incapacitated.
We’ll talk you through what all the terms mean and the implications of each, so you fully understand what your estate plan covers. For more information, including useful FAQs, visit our dedicated Powers of Attorney page.
+ Useful links: Living Wills
For more information on making an Advance Healthcare Directive/Living Will, visit:
Advance Healthcare Directive/Living Will fees
We will give you a detailed fee estimate upfront, with full disclosure of all the associated costs and expenses, so you know what you are paying in advance for your Advance Healthcare Directive.
All our work is backed by our Value Guarantee, our promise of exceptional service.
Arrange your Living Will with Betar Lawyers
Contact us to discuss arranging your Directive or Living Will on +61 (0)2 9279 1100 or book a consultation below.