Wills & Probate
Advance Care Directives
An advance care directive lets you record your wishes about medical treatment and care — so the people who matter to you know what you want, even if you can no longer speak for yourself. We help clients throughout Lake Macquarie and Newcastle prepare these documents as part of a complete estate plan.
Advance Care Directive Solicitors — Lake Macquarie & Newcastle
An advance care directive — sometimes called a living will or advance care plan — is a document that records your wishes about medical treatment and care in advance. It guides your enduring guardian and treating doctors if you lose the capacity to communicate your wishes yourself.
While advance care directives are not legally binding in NSW in the same way as an appointment of enduring guardian, they are an important part of any complete estate plan. They give your guardian clear guidance, reduce the risk of family conflict, and significantly increase the likelihood that your wishes will be respected. We prepare advance care directives for clients throughout Lake Macquarie, Belmont, Newcastle, and the Hunter region — at a fixed fee, with home visits available.
A gift to the people you love
Preparing an advance care directive is one of the most considerate things you can do for your family. It removes the burden of uncertainty from the people who care for you — and ensures that difficult decisions are made in accordance with your wishes, not theirs.
Our Advance Care Directive Services
Advance Care Directive Preparation
We assist you in preparing an advance care directive — a document that records your wishes about medical treatment and care in advance, to guide your guardian and treating doctors if you lose capacity.
Advice on Legal Effect in NSW
We advise on the legal status of advance care directives in NSW — including how they interact with your enduring guardian, the role of treating doctors, and the circumstances in which they may be overridden.
Coordinating with Your Enduring Guardian
We ensure your advance care directive is consistent with your appointment of enduring guardian — so your guardian has clear guidance on your wishes and can advocate effectively on your behalf.
Refusal of Treatment Certificates
We advise on refusal of treatment certificates under the NSW framework — including the circumstances in which you can refuse specific treatments in advance and the formal requirements for a valid refusal.
Combined Estate Planning Package
We offer a combined estate planning package — will, enduring power of attorney, appointment of enduring guardian, and advance care directive — at a fixed fee. Ask us about our package pricing.
Review of Existing Documents
We review existing advance care directives and advise on whether they are current, consistent with your other estate planning documents, and appropriately communicated to your treating doctors.
Capacity & Consent Advice
We advise on capacity and consent issues — including what happens when a person's capacity is in question, the role of the NSW Civil and Administrative Tribunal (NCAT), and the rights of patients and families.
Home Visits
We visit clients at home, in hospital, or in aged care facilities throughout Lake Macquarie and Newcastle. If you or a family member is unable to attend our office, contact us to arrange a home visit.
What to Include in Your Advance Care Directive
Advance Care Directive vs Enduring Guardian — How They Work Together
These two documents complement each other — and you should have both:
| Document | Nature | Legal effect in NSW |
|---|---|---|
| Advance Care Directive | Records your wishes in advance | Not legally binding in NSW — but provides important guidance |
| Appointment of Enduring Guardian | Appoints a person to make decisions for you | Legally binding — your guardian has authority to decide |
How We Work
Free Consultation
We discuss your values, wishes, and concerns about future medical care — and advise on how to document them in a way that will be most useful to your guardian and treating doctors.
Document Preparation
We assist you in preparing your advance care directive — ensuring it is clear, comprehensive, and consistent with your other estate planning documents.
Review & Signing
We review the document with you and ensure it accurately reflects your wishes. We advise on the signing requirements and ensure the document is properly executed.
Distribution & Storage
We advise on distributing copies to your guardian, GP, specialist doctors, and any hospital or aged care facility you attend. We recommend keeping a copy with your other estate planning documents.
Frequently Asked Questions
What is an advance care directive?
An advance care directive (also called an advance care plan or living will) is a document that records your wishes about medical treatment and care — to guide your guardian and treating doctors if you lose the capacity to communicate those wishes yourself. It can cover specific treatments, end-of-life care, organ donation, and your values and beliefs.
Is an advance care directive legally binding in NSW?
In NSW, advance care directives are not legally binding in the same way as an appointment of enduring guardian. However, they provide important guidance to your guardian and treating doctors — and the law requires treating doctors to take your known wishes into account when making decisions about your care. A well-prepared advance care directive significantly increases the likelihood that your wishes will be respected.
Do I need an advance care directive if I already have an enduring guardian?
Yes — they serve different purposes. Your enduring guardian has authority to make decisions on your behalf, but they need to know what your wishes are. An advance care directive records your wishes in your own words — giving your guardian clear guidance and reducing the risk of family conflict or uncertainty about what you would have wanted.
Can I refuse specific medical treatments in advance?
Yes. You can record your wishes about specific treatments — including a wish to refuse treatment such as CPR, mechanical ventilation, or artificial nutrition. In NSW, a competent adult has the right to refuse medical treatment, and that right can be exercised in advance through an advance care directive. We advise on the formal requirements for a valid refusal of treatment.
Who should receive a copy of my advance care directive?
You should provide copies to your enduring guardian, your GP, any specialist doctors who treat you, and any hospital or aged care facility you attend. Keep a copy with your other estate planning documents and tell your family where it is. We advise on distribution as part of our advance care directive service.
Can I change my advance care directive?
Yes — provided you have capacity. You can update or revoke your advance care directive at any time while you have capacity. We recommend reviewing it after any significant change in your health, values, or circumstances — and ensuring all copies held by your doctors and guardian are updated.
Advance Care Directives
Record your wishes. Protect your family. Home visits available. Free first consultation.
02 4945 4445Book AppointmentACD Services
Advance care directive preparation
Legal effect advice (NSW)
Coordination with enduring guardian
Refusal of treatment certificates
Home visits available
Review of existing documents
Make your wishes known
An advance care directive gives your family clarity and removes the burden of uncertainty. Fixed fee. Home visits available throughout Lake Macquarie and Newcastle. Free first consultation.