What to Know About a Living Will in NSW

Everyone should consider creating a living will, even if they don't have any property, money, or valuables. It can help your family and friends understand what you want, which should be done in the event of incapacity while you are alive, as well as save them money, time, and conflicts.

Moreover, everyone is free to choose their own medical treatments, as well as other health-related decisions. These documents take the form of power Of Attorney or an enduring guardian and can be as comprehensive or as narrow as required.

So, you should hire a wills and estates lawyer and create a living will in addition to your final will in case the unimaginable occurs and you cannot make those decisions for yourself.

What is a living will?

All Australian states recognise certain estate-planning documents known as health directions, advance directives, or other similar terms. These are generally referred to as living Wills.

A living will specify a person's lifestyle decision, such as the type of care they receive, where they live, and additional aspects, such as future medical care in situations where they are unable to give permission. Other estate forms that designate someone to make financial decisions on your behalf are superseded by a living Will drafted with the help of a renowned property lawyer Sydney.

A living will is referred to as an advance care directive in NSW.

Why do you need a living will?

You need a Will to ensure that someone you trust makes the right decisions for you on your behalf and in your most satisfactory interests when you are physically or mentally incapable of doing it yourself.

On the contrary, a will that allows you to name should be prepared by a business lawyer whom you know and trust so that they can assist in allocating your assets and handling your affairs after your passing.

What makes a living will valid?

For a living will to be legitimate, it must:

● Have sufficient specifics to apply to a circumstance that may emerge in the future; and

● Be created by someone who has the mental capacity to do so voluntarily and without being coerced (be sound of mind)

● Appoint a guardian or Attorney (alone or with another) to act in your place and/or on your behalf

How to make a living will?

1. Write a letter or statement outlining your medical preferences for future care, a mental illness, or general living circumstances

2. Consider where you would desire to live as you age, the support structure and care available

You can include the following things in a living will:

● Which kinds of care would you accept and reject?

● Where, in the event of your incapacity, you would prefer to be looked after

● If you cannot make decisions for yourself, you should designate someone to do so. This is often referred to as designating an enduring guardian

● What direction should be mentioned to avoid disputes between family members

In conclusion

A living will should be drafted for a number of reasons.

It might be upsetting to consider your future health for both you and your loved ones.

But, by consulting the best law firms Australia and having these conversations in advance, you can ensure that your medical preferences are honoured and relieve your loved ones of the burden of making challenging choices.