Living Wills in New Zealand

In New Zealand, a living will is also known as an advance directive or advance care plan. It is a document that outlines your preferences for future medical care if you become unable to communicate these wishes yourself.

Key Requirements

1. Intention: Your living will must be made while you are mentally competent and able to make your own decisions
2. Form: Best practice provides that your living will is in writing, though verbal advance directives have been declared by the Courts to be also legally valid
3. Voluntariness: Must be made by you consciously, without external pressure from others. Coercion and undue influence are factors that would nullify the will
4. Specific: Should be specific about your care and identify specifically the properties and person or class of people to receive what is in your will
5. Witnessed: Does not need to be witnessed or signed by a lawyer, but this is recommended to minimise the chances of having your will declared ineffective

Important Considerations

When creating a living will, you should:

• Discuss your wishes with your family/whānau and healthcare providers
• Review and update it regularly to ensure it reflects your current wishes
• Keep copies in accessible places and give copies to relevant people
• Consider appointing an Enduring Power of Attorney for Health and Welfare

While living wills are legally binding under the New Zealand Code of Health and Disability Services Consumers' Rights, they can be overridden if there are reasonable grounds to believe you have changed your mind.

How YJ Consulting Can Help

Our legal professionals can assist you in creating a comprehensive and legally sound will. We facilitate:

• Professional drafting of your will by qualified legal practitioners
• Review of existing wills to ensure they meet current legal requirements
• Guidance on complex estate planning matters