Advanced Care Directives
Wills & Estate Planning
Newcastle’s Trusted Estate Planning Lawyers for Advanced Care Directives
At Burgess Thomson, we are specialists in estate planning and are proud to assist individuals across Newcastle with preparing legally binding advanced care directives.
An advanced care directive—often referred to as a living will—is a vital legal document that outlines your personal preferences for future medical treatment and care. It provides clear guidance for your family, doctors, and substitute decision-makers if you are ever in a position where you can no longer make or communicate your own decisions.
What is an Advanced Care Directive?
Advanced care directives allow you to express your values, beliefs, and goals in advance, giving you control over your healthcare even in situations where you are unable to speak for yourself.
These directives may include:
- The types of medical treatment you consent to or refuse
- Your preferences for end-of-life care
- Instructions about pain relief or life-prolonging measures
- Your views about quality of life and dignity in care
- Appointing a substitute decision-maker to act on your behalf
A valid advanced care directive must be made voluntarily by a person with decision-making capacity and signed in writing. Once completed, it becomes a binding document that must be followed by healthcare professionals and your loved ones.
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Why Advanced Care Directives Matter
In a medical crisis, families can face overwhelming pressure and uncertainty when asked to make decisions about a loved one’s care. Without a clear legal directive, they may be unsure of your preferences or disagree on the right course of action.
By preparing advanced care directives, you give your family peace of mind and ensure that your wishes are known and respected. A thoughtfully written directive reduces confusion, prevents conflict, and ensures that your healthcare aligns with your values—even if you’re unable to communicate them yourself.
The Role of a Living Will
A living will is another term often used to describe advanced care directives. Unlike a traditional will that deals with your estate after death, a living will operates while you are still alive, addressing your preferences for medical treatment if you become incapacitated.
At Burgess Thomson, we guide you through the process of preparing a living will, ensuring that it is legally valid, detailed, and reflects your personal beliefs and health preferences.
How We Can Help
Our experienced estate planning lawyers offer compassionate and practical legal advice when preparing advanced care directives. We take the time to understand your circumstances and ensure your wishes are clearly documented and legally sound.
We assist clients with:
- Drafting clear and enforceable advanced care directives
- Appointing a substitute decision-maker
- Reviewing and updating existing directives
- Integrating advanced care directives into broader estate planning strategies
- Ensuring consistency with your will, enduring powers of attorney, and enduring guardianship
We work closely with your healthcare providers and family members if needed, making sure everyone understands the directive and how it will apply in practice.
Advanced Care Directives as Part of Estate Planning
An effective estate plan should go beyond wills and asset distribution. Advanced care directives form a critical component of holistic estate planning, ensuring that your voice is heard and your autonomy is preserved—even during medical emergencies.
At Burgess Thomson, we ensure your advanced care directives complement other key documents, including your living will, powers of attorney, and enduring guardianship appointments. This integrated approach provides complete protection for your personal, financial, and medical wishes.
Contact Burgess Thomson for Expert Help with Advanced Care Directives
If you’re ready to take control of your future medical care, we’re here to help.
The team at Burgess Thomson will ensure your advanced care directives are legally valid, personalised, and respected. We’ll help you navigate every step of the process with professionalism and empathy.
Contact us today to arrange a consultation or request an obligation-free quote.
FAQs
What is the difference between an Advance Care Directive and an Appointment of Enduring Guardian?
Enduring Guardianship is the legal form of appointment of a substitute decision-maker in areas concerning your general health and lifestyle. An Advance Care Directive can record your specific wishes and values which need to be considered before medical treatment decisions are made on your behalf. An Advance Care Directive binds any health professional making decisions regarding your health and wellbeing. An Advance Care Directive can be attached to your Appointment of Enduring Guardianship, or they can be separate documents.
Who should you select as a substitute decision-maker?
Choosing a substitute decision maker is important because this person will be responsible for making medical decisions on your behalf if you are unable to. Your substitute decision-maker should be somebody who you trust, is over 18 years of age, will listen to your values and preferences for future care and will be comfortable making decisions in difficult situations. You can also select a second person as an alternative decision-maker. This person will step in if your first decision-maker becomes unable to make decisions on your behalf.
What type of information is put into an Advance Care Directive?
It is helpful to write about any personal values which might influence medical treatment choices including religious beliefs. Advance Care Directives commonly include preferences about resuscitation and life support, use of life prolonging treatments, situations when treatment should be limited to comfort care, goals for care in the event of a significant loss in health or function, end of care wishes and organ and tissue donations.
