What is the difference between a Will, Power of Attorney and an advance care directive in NSW?
In New South Wales, each document has a distinct role. A Will operates after death and directs how your estate is handled. An enduring power of attorney authorises someone to make financial and legal decisions while you are alive. An advance care directive records your treatment and care preferences if you cannot communicate them, while an enduring guardian can be appointed to make health and lifestyle decisions.
For related guidance, see is an online will legally valid in Australia?.
Read the video transcript
I see people in New South Wales confuse these all the time, but each document fulfills a different role. A Will only comes into operation after you have passed away. An enduring power of attorney covers financial matters and commences usually on loss of capacity or immediately and continues up until you pass away. An appointment of enduring guardian nominates someone to make medical decisions on your behalf as well as lifestyle decisions and decisions such as where you live. All three documents protect you at different stages of life and after you pass away.
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