Preparing legal documents

If you have not already done so, now is the time to think about appointing a substitute decision-maker, preparing an advance care directive and making a will. For any of these documents to be legally binding, you need to have decision-making capacity at the time of making the document. In general, having capacity means you are able to understand the choices that are available and the consequences of your decisions, and that you can communicate these choices. For more information, talk to your doctor or a lawyer. Each state and territory has different laws about what having capacity officially means, making advance care directives and appointing substitute decision-makers.

Making an advance care directive

This written record of your goals, values, treatment preferences, and instructions for any future medical care, is used by your doctors, family and carers if they need to make decisions on your behalf. This is a legally binding document which has different names depending on where you live. It may be called an Advance Care Directive, Advance Health Directive, Health Direction or an Advance Personal Plan. You can save or print the form specific for your state or territory from Advance Care Planning Australia, or order a printed starter pack to be mailed to you.

You may need the help of your doctor or lawyer to complete the form and make sure it’s signed, dated and witnessed. Some hospitals use their own forms. If your needs change, you can choose to revise or replace it. Ask your doctor or hospital to add your directive to your medical record. You can also save it online at My Health Record. 

For more information, call the National Advance Care Planning Advisory Service on 1300 208 582, or visit Advance Care Planning Australia.

Appointing a substitute decision-maker

While you have capacity, you can formally appoint a substitute decisionmaker. This is someone who can make legal, financial and/or medical decisions for you in the future, if you do not have capacity to decide. Your substitute decision-maker should be someone you trust and who understands your values and what you want for any future care. They do not have to be a family member, and you can appoint more than one person if you want. Depending on where you live, different documents are required to appoint a substitute decision-maker.

If you cannot make decisions for yourself (lose capacity), and do not have an advance care directive or an appointed substitute decision-maker, the law in each state and territory outlines who may make medical treatment decisions for you.

This is usually someone close to you, such as your spouse or partner, family member or close friend. For more information about who may make treatment decisions for you, visit Queensland University of Technology’s End of Life Law.

Documents used for advance care planning

Select your state to find the names of the documents you may need:

Making a will

A will is a legal document that sets out what you want to happen to your assets after you die. These assets are called your estate and may include your house, land, car, bank accounts, jewellery, clothes, household goods or investments. A will can also record your wishes regarding guardianship plans for any children.

Making a will is not difficult but it needs to be prepared and written in the right way to be legally valid. A will should be reviewed and updated as circumstances change. It is best to ask a lawyer to advise you, or contact the Public Trustee in your state or territory.

Cancer Council may be able to connect you with a lawyer to help you prepare a will. For more information, call Cancer Connect on 13 11 20. 

If you die without a will, you are said to die intestate. Your assets – such as your house, money and belongings – are distributed to family members according to a formula provided by law. Although any will can be challenged in court, having a valid will usually means that your assets will go to the people of your choice, avoids extra expenses, and simplifies the process for your family

Making a funeral plan

Having advanced cancer can mean thinking about things you might not have otherwise – like making a will or even how you would want your life to be celebrated. Some people may want to think about what they want for their funeral, while other people may not.

If you want to plan your funeral, you could discuss your wishes with your family and friends, lodge a plan with the funeral director of your choice or record your wishes in your will. The executor is the name for the person you appoint to carry out the wishes left in your will. They should follow the directions in your will, but they are not legally bound to do so.

You can personalise your funeral to suit your cultural or spiritual beliefs. You may have just a few simple requests for music you want played or poems you’d like read, or you may have lots of ideas for the full service. You can also choose not to have a funeral at all or to have a non-traditional event such as a celebration of life. If you change your mind, you can alter these arrangements at any time.

To prearrange or prepay a funeral, talk to a funeral director. You can download a pre-planning information form from Funerals Australia (formerly the Australian Funeral Directors Association). It’s important to let your family know of any arrangements like this that you have made. Copies of a prepaid funeral contract should be given to members of your family or filed with your will.

Voluntary assisted dying

Voluntary assisted dying (VAD) is when a person with an incurable, life-limiting condition or illness chooses to end their life with the assistance of a doctor or health practitioner – using specially prescribed medicines from a doctor. “Voluntary” means that it is the choice of the unwell person to end their life.

Voluntary assisted dying is only available to people who meet all the strict conditions and follow certain steps as required by the laws where they live. This usually includes being aged over 18; an Australian citizen or permanent resident; having decision-making capacity; and having a terminal illness causing intolerable suffering and likely to cause death within a set timeframe.

It’s essential to check the latest updates and know the law and rules around participating in VAD. Rules may change over time and can vary according to your state or territory.

As of August 2026, VAD is operating in all 6 Australian states and the ACT. In the Northern Territory, VAD laws have been passed and VAD is likely to begin in 2028.

For comprehensive and current information on VAD for your state or territory, visit Queensland University of Technology’s End of Life Law.