Living Will vs Power of Attorney: What's the Difference in Australia?

Reviewed by Peter Di Rita, Just Better Care Australia.

If you are planning for yourself or supporting an older family member, it helps to know that a living will, a Will and a power of attorney are three separate documents that do three different jobs. 

Here is how the main planning documents compare and how to determine which ones you need.

Is a living will the same as an advance care directive?

Yes. In Australia, a living will is the everyday name for an advance care directive, a document you complete while you have full decision-making capacity to record your values and your instructions for future health care. The term living will does not appear in Australian law, but every state and territory recognises the document it describes. The exact name changes around the country: Queensland and Western Australia call it an Advance Health Directive, the Australian Capital Territory uses a Health Direction, and the Northern Territory uses an Advance Personal Plan. New South Wales is the exception with no statutory form, so a directive there is recognised under common law. For a fuller explanation of what an advance care directive can include, see our guide to advance care planning and advance care directives.

A living will can also record specific treatment instructions, such as whether you would want life-sustaining measures like resuscitation. If you are thinking through those choices, our plain-English guide to a Do Not Resuscitate (DNR) order explains how they work.

What is the difference between a living will, a Will and a Power of Attorney?

A living will applies only during your lifetime and deals only with health care: it speaks for you when you cannot make or communicate medical decisions, and it says nothing about your assets. A Will is the opposite. It only takes effect after death, distributing your estate, and has no legal force while you are alive.

An enduring power of attorney is different again. Depending on your state, it typically authorises someone to manage financial or legal affairs on your behalf, and some jurisdictions have separate roles, such as an enduring guardian or a medical treatment decision-maker for health matters. A complete plan for later life usually involves more than one of these documents, and it is worth checking how they fit together where you live.

Who makes health decisions when you cannot?

A living will records your wishes, but you can also appoint a person to make health and lifestyle decisions for you when you are unable to. This person is usually called a substitute decision-maker, and the title varies by state, for example an Enduring Guardian in New South Wales and Tasmania, or a Medical Treatment Decision Maker in Victoria. In some states you appoint this person within your advance care directive itself, and in others it is a separate document. Whatever the title, choosing this person carefully matters as much as the paperwork: the best substitute decision-maker is someone calm, available and willing to advocate for your wishes, even under pressure. If you are arranging support through My Aged Care, it also helps to understand how appointed decision-makers are recorded.

Which documents do you actually need?

For most people, the answer is not one document but a combination. A Will protects your estate after death, an enduring power of attorney protects your finances if you lose capacity, and a living will protects your voice in medical care. Advance care planning is the process that ties these together, and it is worth starting early, while you have time to reflect and talk things through with your Family. National Advance Care Planning Week is a helpful prompt to begin, and it links to the official forms and guidance for every state and territory. A living will is free to complete; your GP can help you make sure it reflects your current health, and keeping a copy with your GP and on your My Health Record helps it travel with you if you move interstate or are admitted to hospital.

How do you make an advance care directive in your state or territory?

The forms, names, and witnessing requirements are set by each state and territory. So the essential first step is to use the current official form for your state or territory. In New South Wales, for example, a directive can even be spoken, although a signed written directive is strongly recommended because it gives treating teams something clear to follow. Your GP can help you complete the form and talk through what different treatment decisions would mean in practice.

Once completed, give copies to your substitute decision-maker, your Family, your GP and your care provider, and consider uploading it to My Health Record so hospitals can find it in an emergency. These authoritative resources will take you to the right starting point:

• Advance Care Planning Australia: the national programme with the current forms and requirements for every state and territory
• Department of Health, Disability and Ageing: how a directive fits into planning your future care
• Service NSW: step-by-step guidance and the NSW Health form for making an Advance Care Directive
• End of Life Law in Australia (QUT): plain-language detail on how the law applies in each jurisdiction
• My Health Record: store your directive so it is available to treating teams anywhere in Australia

An advance care directive is free to make, and you do not need a lawyer for the document itself, although legal advice can help if your circumstances are complex or if you are also preparing a Will or power of attorney. This article is general information rather than legal or medical advice, so always confirm the current requirements for your state or territory.

How Just Better Care supports advance care planning at home

For customers receiving in-home aged care or disability support, advance care planning works best when the whole care team is included. Our local teams see the difference every day: when a customer's wishes are documented and shared, Family members feel less anxious, Support Workers and nurses can provide care that genuinely reflects the person's values, and difficult moments are met with clarity instead of confusion.

If you or someone you love is thinking about an advance care directive, your local Just Better Care office can help make it part of everyday care. That might mean keeping a copy of your directive with your care plan, supporting conversations with your Family and GP, or simply making sure everyone who supports you at home knows your wishes and where to find them.

How Just Better Care can help

Planning ahead is personal, and no one should feel they have to manage it alone. While formal legal and medical advice should come from qualified professionals, your local Just Better Care team can support you to access trusted information and to have these conversations with the people who matter to you. It connects naturally to everyday care: through personalised care planning, we build support around each customer's goals, preferences and wishes, including where they would prefer to be cared for as their health changes.

Living will FAQ

Is a living will the same as a Will?

No. Despite the similar name, a living will (an advance care directive) is about your medical treatment while you are alive but unable to decide for yourself. A Will only takes effect after you die and deals with your estate. They are separate documents, and many people have both.

Is a living will the same as a power of attorney?

No. A living will records your own wishes for future health care. An enduring power of attorney appoints someone to make financial and legal decisions for you. In most states, a power of attorney does not cover health decisions at all.

When does an advance care directive take effect?

Only when you lose the capacity to make or communicate a particular health care decision, for example after a severe stroke, during a serious illness or in the later stages of dementia. While you have capacity, you continue to make your own decisions.

Does a living will made in one state work in another?

Generally, yes. NSW Health advises that advance care directives made in other Australian states and territories are recognised in New South Wales, and similar recognition applies elsewhere, though the rules differ between jurisdictions. Keeping copies with your GP and on your My Health Record helps your directive travel with you.

Is a living will legally binding in Australia?

Yes. A valid advance care directive must be followed. It is generally considered valid if you had decision-making capacity when you made it, it clearly sets out the treatments you would accept or refuse, and it applies to the situation you are in.

Can doctors or Family override a living will?

No. Health professionals and Family members have no authority to override a valid advance care directive. That is exactly why the document exists: it keeps the decision with you, even when you can no longer voice it.

Can I change or cancel my advance care directive?

Yes, at any time while you have decision-making capacity. It is worth reviewing it every few years, or whenever your health, relationships or living situation changes, and replacing old copies so everyone is working from the current version.

This article is general information only and is not legal or medical advice. Laws vary between states and territories, so check the requirements where you live or speak with a qualified professional.