Imagine a scenario where you’re unable to speak for yourself, but important medical decisions must be made. Who will ensure your wishes are respected? In 2025, with medical advances and new state regulations across Australia, there’s never been a more crucial time to have a living will—also known as an advance care directive—set up and ready.
What Is a Living Will and Why Does It Matter?
A living will is a legal document that outlines your preferences for medical treatment if you lose the capacity to communicate. Unlike a traditional will, which deals with your assets after you pass away, a living will protects your autonomy while you’re alive but incapacitated. This is especially relevant as Australia’s healthcare system continues to evolve, and new technologies—like AI-driven patient care and telehealth—are rapidly changing how decisions are made in critical moments.
Some key reasons Australians are prioritising living wills in 2025:
- Clear Communication: Prevents family disputes and confusion among medical staff.
- Legal Authority: Ensures your directives are respected under new state-specific laws, with enforceability strengthened in 2025 in VIC, NSW, and QLD.
- Peace of Mind: Offers reassurance to both you and your loved ones that your values and preferences will be honoured.
Recent Policy Updates and What They Mean for You
The last 18 months have seen significant changes in advance care planning legislation across several Australian states. In 2025, the Victorian Government rolled out digital registration for living wills, allowing hospital networks to instantly access your directive in emergencies. Queensland’s Advance Health Directive system now integrates with My Health Record, streamlining the process for both patients and healthcare providers.
Highlights from recent policy shifts:
- National Register Launch: The Federal Government’s new online National Register for advance care directives became operational in March 2025, aiming for seamless sharing across states.
- Stronger Legal Backing: NSW amended its Guardianship Act, reinforcing that registered advance care directives are binding unless unlawful or ambiguous.
- Remote Witnessing: COVID-era allowances for remote witnessing of documents have been made permanent in several jurisdictions, making it easier than ever to create a living will from the comfort of home.
These updates mean your living will is more likely to be recognised, accessible, and enforceable—critical in high-pressure healthcare situations.
Steps to Creating a Living Will in 2025
Getting your living will sorted in 2025 is straightforward, but a few best practices can help ensure your wishes are honoured:
- Reflect on Your Values: Consider what treatments you would or wouldn’t want in various scenarios (e.g., life support, palliative care, organ donation).
- Choose a Substitute Decision Maker: Nominate a trusted person who understands your wishes and is willing to advocate for you.
- Document Your Preferences: Use your state or territory’s official advance care directive forms. These are now widely available online and can be registered digitally in most states.
- Register and Share: Upload your directive to the new National Register and share copies with your GP, hospital, and loved ones.
- Review Regularly: Life circumstances and medical advancements change. Set a reminder to review your living will every two years or after major life events.
Real-world example: In 2025, a Melbourne woman avoided a protracted family dispute when her advance care directive, registered online, clearly outlined her end-of-life wishes, which medical staff followed without delay.
Living Wills and Your Broader Financial Plan
Advance care planning isn’t just about medical care—it’s a cornerstone of holistic financial wellbeing. By making your wishes clear, you reduce the risk of costly legal battles and ensure your estate is handled smoothly. Many Australians now include a living will alongside their enduring power of attorney and standard will as part of their essential documents portfolio.
Financial advisers in 2025 increasingly recommend living wills, noting the potential for:
- Lower legal costs for families
- Faster access to superannuation and life insurance benefits
- Greater confidence during times of crisis
