Advance care directive in NSW: how to make one

An advance care directive sets out the health care you would or wouldn't want if you became unable to make or communicate decisions. This guide covers how it works in New South Wales. For the general picture, see our guide to advance care directives in Australia.

How it works in NSW

In NSW, an advance care directive can be spoken or written, and only you can make one, as an adult with decision-making capacity. Doctors and health professionals only look at it if you are unable to make or communicate decisions about your health care. Your person responsible must refer to it before making medical decisions for you, and neither your legally appointed guardian nor your person responsible can override it.

Do you need a form or a witness?

There is no set form in NSW. NSW Health publishes a free Making an Advance Care Directive form and information booklet to guide you. Signatures and witnesses aren't required for a directive to be valid, but NSW Health recommends signing it. A health professional, or a witness who can confirm it reflects your wishes, can sign it too, which helps health staff know it's valid.

Your enduring guardian

An advance care directive records your wishes. An enduring guardian is a person you appoint to make health and lifestyle decisions for you if you can't. Many people do both. See our guide to appointing an enduring guardian in NSW.

After it's done

Don't post your directive to NSW Health. Give copies to your person responsible or enduring guardian, your GP and anyone else involved in your care, and consider uploading it to your My Health Record.

Keep the original somewhere safe and easy to find, give copies to the people who may need them, and write down where it is kept. Our guide to storing important documents has more on this. Review it from time to time, especially if your health changes.

Sources

• NSW Health: Advance care planning (checked November 2026)
• NSW Health: Making an Advance Care Directive, form and information booklet (checked November 2026)

This guide is general information only, not legal or financial advice.