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Overview

A living will is sometimes called an advance care directive. Both names essentially refer to the same thing. These documents are called living wills because, unlike ordinary wills, they provide for events that occur while you are still alive. A normal will only applies after you die. The name "advance care directive" is given because it is a written record of your wishes, made in advance of your suffering ill health or an injury, in which you give a direction about the care that you wish, or do not wish, to receive.

A Living will or advance care directive should not be confused with an advanced care plan. Many medical institutions encourage patients who are seriously ill to fill out an advanced care plan form. The purpose of that is to describe the types of care that a patient wants, and to record whether the patient has any religious beliefs, what things the patient regards as important in their remaining life and other things that will help the medical institution to care well for the patient. Sometimes, care plans are also used to record what the patient does not want, and to that extent, the care plan can overlap with, and repeat the provision of a living will.

A Living will provides a record of your wishes about the medical treatment that you prefer, so that your family and doctors have a statement of your preferences when you have become unable to communicate what you want, due to illness or injury.

There is presently no guarantee in the law that wishes expressed in a living will must be followed. However, the record of the wishes contained in a living will is likely to be of great help to family members and doctors when they are faced with difficult decisions about whether to provide or continue to provide medical care, or to allow a terminally ill person to die.

Who Can Make a Living Will?

Anyone who is at least 18 years old can make a living will.

If it is later proved to a court that a person who made a living will, was not at the time, competent to manage his or her affairs, the court can decide whether the living will made by that person is valid or not.

If there is any doubt about your competence to make a living will, for example, if you are currently suffering from a physical or mental disability that might affect your ability to make decisions, you would be wise to take medical advice, and to have a proper record made of any advice given. If the advice is that you are not competent, then it is best to postpone the making of the living will until you have medical advice that you are well enough to do so.

When Should You Make a Living Will?

If you are not presently suffering from any illness, and if you have a firm opinion about the extent of care that you wish to receive, then the place to record that is in a living will. However, many people are content for medical treatment decisions to be made by their doctors and family. In either case, the living will is a useful way for you to record your preferences and wishes.

Does a Living Will Guarantee that There Will be No Legal Problems?

A living will does not permit your family or your doctor to terminate your life. The law does not allow euthanasia.

Families and doctors who are faced with decisions concerning prolonging or shortening the lives of seriously ill people have very difficult decisions to make. The law is at one level very clear. A doctor may not give medication to a patient which will terminate the patient's life. The doctor may also not give mediation to a patient knowing that the patient will use the medication to terminate his or her own life. At another level, things are not so clear. Medication which is given for proper therapeutic or pain relieving purposes may have the incidental effect of shortening the life of the person to whom it is given. It is not always clear what course of action will be legal and what will be illegal.

These are hard decisions, in some cases involving people who wish to die or who wish to be relieved of pain and who are not concerned if their life is shortened. Doctors and family face the extreme possibility of prosecution for a crime, if they act to end the life of such a person. Knowing that the patient did not wish to have their life extended in these circumstances and having a written document to that effect can be of real assistance. It does not, however, guarantee that there will be no problems. There is a wide range of views in the community about what is moral and about what should be legal. A living will does not solve all of those problems.

How Do You Make a Living Will?

The law does not prescribe how a living will must be made. The LawOnline system provides a document in a form that is to be signed by you in the presence of two witnesses. It provides a written record of who your witnesses were. If your competence to make the living will is ever called into question, then there is a record of who the two witnesses were, so that they may be questioned about your competence at the time, and about whether you seemed to them to know what you were doing.

Can You Cancel or Change Your Living Will?

You can revoke or cancel your living will at any time by:

(a) making a new living will;

(b) declaring in writing that you revoke your existing living will;

(c) destroying your living will with the intention of revoking it. The simplest and most effective way to do this is to tear it into pieces and throw it away or burn it;

(d) otherwise showing an intention to revoke it, for example by writing across the living will that it is revoked.

Where Should You Keep Your Living Will?

You should store your will in a safe place, where it is not likely to be lost or damaged. Remember that paper is subject to decay from damp, mould and insect attack.

You should tell your family members or a friend where your living will is stored. If you have appointed an enduring guardian, it is a good idea to give a copy of the document to him or her, and to tell your guardian where you have stored the signed original.

The advice in these pages was last reviewed on and is correct as at 17 October 2016.

Open Advice

Preparing Your Living Will

Login or Registration

Registration is free and gives you access to support. You are welcome to try out the living will service below without first registering, but you will need to register and login for full access.

Once you have registered you can purchase and download your resulting legal documents and associated advice, or save your choices for a further session.

Before you start

It should take you about 5 minutes to complete your Living will, and another 5 minutes to carefully read all of the advice.

Personal Details

You cannot change the name that you enter here after you first save the document.

You will be able to revise your living will, other than your name, for one year after you create it. To change your living will just open it from the dashboard and make any changes that you wish to make. You will not be asked to pay anything extra for revisions made.

Living Will Options

Your living will is to apply if:

  1. due to your suffering a debilitating illness or illnesses or as the consequence of an accident, you become demented or otherwise mentally or physically disabled and as a consequence, you are suffering severe distress, or if
  2. you are no longer capable of making decisions for your own future and of leading a rational existence; and if
  3. in the opinion of your doctor the condition of your health is such that it is unlikely that you will recover a reasonable state of health;

 
   
 
   
 
   
 
   
 

Make sure that you have spelt all names with a capital for the first letter of each word in every name.

Now click on the "Save & Proceed" button to save your document. If you haven’t yet registered and logged in, you will be given the opportunity to do so when you click the “Save and Proceed” button. Once you have registered, and made your payment, your document will be available on your LawOnline dashboard, and may be downloaded and emailed from there.

You will also be sent some instructions on how to sign and store your document.

We suggest that you save your LawOnline documents electronically, somewhere where you can find them again.

You can go back to your document on your dashboard at any time in the future, by logging in and selecting "dashboard" from the drop down menu, on the top right hand side.