Why Are Living Wills Made?

Living wills, also called advance directives, are often talked about, but not always well understood. And unlike what the name suggests, they’re not about money or property. They’re about care.

A living will is a document that outlines the type of medical treatment you would or wouldn’t want if you couldn’t speak for yourself. It’s a personal statement about how you’d like to be cared for if you become seriously unwell and unable to communicate.

While not legally binding in New Zealand, a living will can still carry significant weight. It helps guide doctors, family, and legal decision-makers when the stakes are high and emotions are running even higher.

 

So why do people make living wills?

Most people make them for the same reason they create a Will or appoint an enduring power of attorney: to reduce stress on their loved ones and make their wishes known.

Here are a few of the more specific reasons:

 

1.To give clear guidance during a medical emergency

If you're unconscious, in a coma, or unable to express your views, a living will can help guide health professionals on what kind of treatment you would (or wouldn’t) want—especially when there’s uncertainty about whether recovery is likely.

 

2.To avoid unwanted or prolonged treatment

Some people want to make it clear that they don’t want to be kept alive on life support if there’s no meaningful chance of recovery. Others may be concerned about pain management, invasive procedures, or specific treatments based on their values or beliefs.

 

3.To take pressure off family members

A living will can spare loved ones from making difficult decisions in a vacuum. It gives them something concrete to work from, and reduces the chances of family disagreements or uncertainty about “what Mum would’ve wanted.”

 

4.To ensure your care aligns with your values

Your living will can reflect religious, spiritual, or cultural views. It can also express how you define quality of life—whether that includes mobility, independence, or the ability to communicate and engage with the people around you.

 

Are living wills legally binding in New Zealand?

Not exactly. In New Zealand, a living will isn’t legally enforceable the same way a Will or Enduring Power of Attorney is. But it can still be highly influential.

Medical professionals must take into account your known views when deciding on your care. If your living will is clear, specific, and relevant to the situation at hand, it can help them act in line with your wishes under the Code of Health and Disability Services Consumers' Rights.

 

A word of caution

Like any planning document, a living will should be approached carefully. It should:

• Be specific enough to provide real guidance

• Be kept up to date with your changing views or health status

• Avoid language that is vague or contradictory

We also recommend discussing your living will with your GP or specialist, so they’re aware of it and can help interpret it in context if the time comes. 

 

Final thoughts

Living wills are made not because we expect the worst, but because we want to give clarity to those who may need to speak for us one day.

They don’t need to be dramatic or complicated. In most cases, it’s about putting some thoughts on paper and sharing them with the people who matter. Get in touch.