Planning ahead
Planning for the future can feel difficult, but it is one of the most important things you can do to protect your health, welfare, finances, and legal interests. Preparing ahead helps ensure your wishes are respected and eases the burden on your loved ones.
On this page, you will find clear information and useful resources to guide you through the key steps, including making a Will, choosing who can make decisions on your behalf, and setting out your preferences for future medical care.
Wills
A Will ensures that, after your death, your money, property, jewellery, shares, and other possessions are distributed according to your wishes. Without a Will, your estate will be divided according to legal rules, which may not match what you wanted.
Even with a Will, some family members or dependents may be able to make claims if they believe they were not adequately provided for, so it’s important to be clear and keep your Will up to date.
Seniors rights service provides free wills for pensioners. You can contact them on (02) 9281 3600.
Here are some useful links:
- Offers tools, resources, and translated fact sheets
NSW Trustee and Guardian - Provides online legal guides on wills, estates, and funerals
Legal Information Access Centre (State Library NSW)
General power of attorney
A general power of attorney lets you appoint someone you trust to make financial and legal decisions on your behalf while you still have capacity. For example, they can help manage your accounts or pay bills if you are overseas or recovering from illness. This person is known as your attorney.
If you want this arrangement to continue if you lose capacity in the future, you will need to make an Enduring Power of Attorney.
Enduring power of attorney
An enduring power of attorney allows one or more people to continue making legal and financial decisions for you if you lose capacity. This document is powerful, so it is important to carefully choose the person or people you appoint.
If your attorney needs authority to buy or sell real estate, the document must be registered with NSW Land Registry Services. You can cancel a power of attorney or enduring power of attorney at any time while you still have capacity.
More information can be found here:
Enduring Guardianship for End of Life Planning | NSW Government
Advance care plans
An Advance care directive sets out the type of medical care you would or would not want if you can no longer make or communicate decisions yourself. This is especially important if you have a life-threatening or progressive illness.
You can include wishes about resuscitation, life support, artificial feeding, and other treatments. It is best to draft this document with your doctor and make sure copies are given to your healthcare team, hospital, aged care facility, and appointed guardian.
These organisations provide helpful information:
What is Advance Care Planning?
Making an Advance Care Directive
Guardianship and enduring guardianship
A guardian is someone you choose to make decisions about your health care, living arrangements, and personal services if you are no longer able to decide for yourself.
Your guardian should be someone you trust and who understands the responsibilities involved. You can appoint more than one person. If concerns arise about a guardian’s actions, the guardianship tribunal can review the appointment.
If you need general support or advice, you can contact:
Legal Aid NSW
Senior Rights Service, Phone (02) 9281 3600