Let’s face it, anyone can die or experience an accident or event that renders them incapable of making or communicating decisions. Here are the essential documents EVERYONE needs to assemble:
A Current Will and, if you have a Super Fund, a Binding Death Nomination.
- These should be reviewed every 5 – 10 years and after every major family event such as a death or change in marital status of anyone mentioned in them.
- After your death, your wishes described in these documents, are enacted by the Executor to the Will.
In the anticipation that you may lose capacity i.e. the mental capacity to direct your affairs, you should have an Enduring Power of Attorney in place and an Enduring Guardian nominated.
- The Power of Attorney authorizes use of your money and property while an Enduring Guardian advises others about your health care, living arrangements etc.
- I recommend that you have at least two Guardians appointed, and that you give consideration to them acting severally i.e. either one can make a decision on your behalf. This is because decisions relating to health care, such as “should you be resuscitated?”, may need to be made urgently.
An Advanced Care Directive.
- This advises doctors, hospitals and others about who is your Guardian if you have lost capacity and
- Provides broad guidelines about how and where you would like to be treated or allowed to die.
Finally, I recommend that you compile a list of all your bank accounts, accountants, lawyers, passwords, people and places to be notified etc. so your Executor and or Guardian/Attorney can work their way through this.
There is no name for such a document. If you put it into computer language, some people call it a Digital Legacy but, if you are a pen and paper person, then it can all be put into a “golden oldie” folder.
You can consult your solicitor (or the Public Trustee Office) about Items 1 and 2 above.
For an Advanced Care Directive, I recommend that you use the Blue Booklet provided by NSW Health or Phone 1300 208 582.
If you need help filling it out, consult your GP and or the phone number just mentioned. When you have finished your Advanced Care Directive, give a copy to your GP and have it uploaded onto your MyGov Health Record.
As for Item 4, just keep it in a safe place known to you and those who may need to use it, but not where it could be found or used by anyone who should not have it!
Resources and Links
Advanced Care Directives (Getting it Done) – Jill Nash (.pdf)
Your Checklist (Preparing for the Inevitable) – Jill Nash (.pdf)
Appointing an Enduring Guardian – Advice for NSW residents and Form
NSW Trustee & Guardian – A NSW government resource for making your will or power of attorney and an impartial option for guardianship and management of financial affairs.
Is someone worried about your ability to make a decision for yourself? If so, find out about your rights: Download the Capacity Toolkit factsheet: Information for people whose decision-making is in question
Dying to Know Day – An annual event, but this website also provides advice about Advance Care Plans, Guardianship, Wills and Super and celebrating a life.
Digital Legacy Association: the global organisation supporting the public and professional bodies with digital assets planning and digital legacy safeguarding. Includes advice about Social Media accounts such as Facebook, Instagram and TikTok.
Go Gentle Australia: Committed to making Voluntary Assisted Dying (VAD) available to all terminally ill Australians.
Dying with Dignity NSW: Committed to making VAD available as a choice in NSW.
Carer Gateway: Advice, support and training for Carers with options for Emergency Respite Care (after registration and interview)
Seniors Rights Service: a community organisation dedicated to protecting and advancing the rights of older people
Palliative Care Australia – with advice for patients and carers including how to access these services
National Palliative Care Projects Hub: From the Commonwealth Department of Health and Aged Care with links to Palliative Care Australia and Education for Undergraduates, Pharmacists and other Carers
What is Palliative Care (A short YouTube video from the Department of Health and Aged Care)
End of Life Doula Directory: Helping you find a Death Doula in your vicinity.
Organising a funeral – practical advice from NSW (government) Services.
Cremation Ashes: Fact sheet describing what can be done with them from NSW Health.
Violet: Free information and support focusing on the last stage of life and the grief and loss that accompanies it.
Updated 6 December 2023