Key points

  • You don't need to use a specific form to record your health care wishes
  • Appoint an enduring guardian to make health decisions on your behalf

Record your wishes and preferences

In New South Wales (NSW) you don’t need to use a specific form to record your choices for future medical care. If you choose, you can create an Advance Care Directive simply by writing down your preferences in a structured way, signing and dating it. This is called a common law advance care directive. Find out about advance care planning and the law.

You can download the Making an Advance Care Directive - form and information booklet from the NSW Health website. It includes an example Advance Care Directive form.

Learn more about expressing your values and preferences or making specific instructions.

Appoint a substitute decision-maker

In NSW, you may want to appoint one or more adults as your enduring guardian. Your enduring guardian can consent to or refuse treatment on your behalf. The role may include management of your personal, health care or medical treatment matters.

NSW Trustee and Guardian can support you to appoint an enduring guardian. Visit their website for more information about appointing an enduring guardian. You can also appoint an enduring guardian with the support of a private solicitor.

NSW Trustee and Guardian has developed an Enduring Guardianship guide [PDF 2.3 MB] to help people understand the role of an enduring guardian.

If a person doesn't have capacity to appoint an enduring guardian an application can be made to the NSW Civil and Administrative Tribunal. They'll appoint a substitute decision-maker. In most cases this is a family member or friend. The NSW Public Guardian may also be appointed where there's no other suitable option.

For more information about substitute decision-makers, read about choosing someone to speak for you.

Storing and sharing your documents

Read our general recommendations about storing and sharing your documents.

Making changes to documents

If you change your Advance Care Directive, make sure you let people know and replace all of the copies with a new Advance Care Directive.

Learn more about making changes to documents.

There may be changes to your lifestyle or needs that require a change to your guardianship arrangements. You can change or cancel your nominated enduring guardian at any time. Your enduring guardian may also be unable to continue in their role.

For more information about changing your guardian please contact the NSW Trustee and Guardian.

Support and more information

We can guide you through advance care planning, from starting conversations, completing the right documents and storing them safely.

Call our National Advance Care Planning Advisory Service on 1300 208 582

Email us at acpa@advancecareplanning.org.au

We're here from 8 am to 4 pm (AEST), Monday to Friday.


Order a free starter pack

We can post you a free advance care planning information pack or you can download a copy yourself.

NSW Health

Visit the NSW Health website for more information and resources.