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Creating advance directivesAdvance directives need to be in writing. Each state has different forms and requirements for creating legal documents. Depending on where you live, a form may need to be signed by a witness or notarized. You can ask a lawyer to help you with the process, but it is generally not necessary.

An advance directive is a set of instructions someone prepares in advance of ill health that determines his healthcare wishes. A living will is one type of advance directive that becomes effective when a person is terminally ill.

Yes, Advance Care Directives are legally binding in NSW (and throughout Australia). While NSW does not have specific statue legislation (i.e., legislation made by Parliament), ACDs are legally binding under the Common Law (i.e., law made by Court decisions).

A person can also revoke their Advance Directive orally, by telling their healthcare provider that they no longer want either the entire document or any parts of it enforced.

As long as you can still make your own decisions, your advance directive won't be used. You can change or cancel it at any time. Your health care agent will only make choices for you if you can't or don't want to decide for yourself.

Healthcare advance directives should state both what you do want and what you don't want.You retain the right to override the decisions or your representative, change the terms of your living will or POA, or completely revoke an advance directive.

All valid Durable Powers of Attorney for Health Care (DPAHC) and Natural Death Act Declarations remain valid. Thus, unless your existing DPAHC has expired you do not have to complete a new Advance Health Care Directive. A DPAHC executed before 1992 has expired and should be replaced.