Living Wills

Living Wills & Advance Directives

Making Your Healthcare Wishes Known

Have you considered what might happen if an accident or serious illness left you unable to communicate your wishes about medical treatment? While it's not always easy to think about, planning ahead can provide valuable peace of mind for you and your loved ones.

A Living Will, also known as an Advance Directive, allows you to record your decisions about future medical treatment in case you become unable to make those decisions yourself.

At Sutcliffe Matson Law, our experienced Auckland lawyers can help you understand your options and prepare a Living Will that clearly documents your wishes, giving you greater control over your future healthcare decisions.

Why Have a Living Will?

A Living Will helps ensure your preferences are known if you become unable to make or communicate decisions about your medical care. By recording your wishes in advance, you can provide clarity for healthcare professionals and help reduce uncertainty for your family during what may be an emotional and challenging time.

A Living Will can address specific medical treatments you would wish to receive or refuse in certain circumstances. Having these decisions documented can help give you confidence that your preferences will be understood and respected.

Do I Need a Living Will if I Already Have an Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) for Personal Care and Welfare allows you to appoint someone you trust to make certain decisions about your care and wellbeing if you lose the capacity to make those decisions yourself.

However, there are legal limits to the decisions your attorney can make. For example, an attorney cannot refuse standard medical treatment intended to save your life or prevent serious damage to your health.

A Living Will serves a different purpose. It allows you to make your own decisions in advance about specific future medical treatments, including treatments you may wish to refuse.

Having both documents in place can provide a more comprehensive approach to planning for your future care.

Who Should Consider a Living Will?

A Living Will isn't just for older people or those experiencing serious health concerns.

Anyone who wants greater certainty about their future medical care may benefit from preparing an Advance Directive while they have the capacity to make informed healthcare decisions.

It can be particularly useful if you:

• Have strong preferences about particular medical treatments.

• Want to ensure your healthcare wishes are clearly documented.

• Have an existing Enduring Power of Attorney and would like to complement it with specific treatment decisions.

• Want to provide greater clarity for your family and healthcare providers.

When Does a Living Will Apply?

A Living Will is intended to apply when you are no longer able to make an informed decision about the particular medical treatment concerned.

This may arise because of serious illness, injury or another condition affecting your ability to make healthcare decisions.

In New Zealand, a valid and applicable Advance Directive can be legally binding. Its validity and application depend on factors including whether you had decision-making capacity, were adequately informed, made the decision voluntarily and intended the directive to apply to the circumstances that arise.

For this reason, it is important that your Living Will is carefully considered, clearly documented and reviewed as your circumstances or wishes change.