Advance Care Plans — Replacing the Old Idea of a “Living Will”
People sometimes use the term “living will,” but that’s not something recognised in New Zealand law. What most people are referring to is an Advance Care Plan — a practical way to record your wishes and preferences for future healthcare if you’re unable to communicate them yourself.
It’s a document designed to help those around you — your family, doctors, and carers — understand what matters to you if decisions need to be made on your behalf.
What an Advance Care Plan Does
An Advance Care Plan (ACP) is a record of what’s important to you if you become seriously unwell or lose the ability to make decisions for yourself. It can include: the kinds of treatment or medical intervention you’d want (or prefer to avoid); how you feel about life-prolonging measures if recovery is unlikely; how you’d like pain or comfort care managed; and any cultural, religious, or personal values that guide your decisions.
It’s not a legal document in the same way a Will or Enduring Power of Attorney is, but it carries real weight when health professionals are deciding on treatment options.
Why People Complete an Advance Care Plan
Most people complete an ACP for the same reason they make a Will or an Enduring Power of Attorney — to take the guesswork out of important decisions. It gives clarity, prevents unnecessary conflict, and helps ensure medical treatment aligns with your wishes.
Common reasons people choose to complete one include: to give health professionals guidance during a serious medical event; to avoid unwanted or prolonged treatment if recovery is unlikely; to reduce stress on family members who might otherwise have to make difficult choices without direction; and to ensure that care reflects their own beliefs, values, and definition of quality of life.
Is an Advance Care Plan Legally Binding?
Not exactly, but it is taken seriously. While it doesn’t have the same legal standing as a Will or EPA, the Code of Health and Disability Services Consumers’ Rights requires health professionals to take into account your known views when making decisions about your care.
A clear, current, and relevant Advance Care Plan can be highly persuasive in guiding treatment decisions.
How to Complete One
Download an official New Zealand Advance Care Plan and work through the template, either yourself, or with help from your doctor, a nurse. Better yet, pin it to your fridge so that family members can discuss it with you. The goal being that they will really understand your preferences and support the decisions you have made. Once it’s completed, give a copy to your doctor or healthcare provider so it’s recorded on your medical records. That’s far more effective than having it stored with your lawyer — you don't want to risk their offices being closed when important medical decisions need to be made, whereas hospitals and clinics may have access to your file immediately.
Keeping It Useful
Review it every few years, or whenever your health changes significantly. Use plain language and avoid vague or conflicting statements. Tell your family and your appointed attorneys (if you have EPAs) where to find it.
Final Thoughts
An Advance Care Plan helps ensure decisions about your treatment reflect your own values and preferences, not assumptions made by others. It’s a practical document — something you complete once, update when life changes, and keep on file with your doctor. If you’re updating your Will or Enduring Powers of Attorney, it’s a good time to complete your Advance Care Plan as well. It’s one of the simplest ways to give your loved ones clear direction and peace of mind. Get in touch to get your Estate Plan in place.