The term ‘Living Will’ should not be confused with your ‘Last Will and Testament’, which only takes effect upon your death.

Your ‘Last Will and Testament’, for example, is used to appoint your ‘Executor’, outline your preferred funeral arrangements and distribute your ‘estate’.

You cannot use your ‘Last Will and Testament’ to give directions about what should happen to you when you are terminally ill or unable to make personal care/medical decisions by yourself.

When people refer to ‘Living Wills’, what they are usually referring to is the use of an ‘Anticipatory Direction’ often in conjunction with, Enduring Powers of Guardianship and/or Advanced Care Directives, (depending on your State or Territory).

If you require a Solicitor who services your local area, please see our Business Search facility under ‘Solicitors (Wills & Estates)’ here.