Advance Planning: Why Conversations About Death Matter

Author: Abbey John
Reviewed by: Abbey John, Principal Lawyer
Published: [Genuine publication date]
Last reviewed: [Genuine legal-review/update date]
Jurisdiction: General Australian information — state and territory laws differ.

Talking about death and future care can feel uncomfortable. Many people avoid these conversations because they seem difficult or emotional, or because they believe there is still plenty of time to make plans.

However, discussing your wishes in advance can help you and the people close to you understand what matters to you if you become seriously ill, lose decision-making capacity or need support with important personal and financial decisions.

Advance planning is not about expecting the worst. It is about making your wishes known, preparing for possible changes in the future and giving those around you greater clarity when important decisions need to be made.

Why Is Advance Planning Important?

Illness, accidents or changes in circumstances can happen unexpectedly. If you become unable to communicate or make decisions for yourself, your family or the people supporting you may not know what you would have wanted.

Advance planning gives you an opportunity to consider these matters while you are able to communicate your preferences clearly.

Depending on your circumstances, you may want to think about:

• Who you would trust to make decisions on your behalf
• Your preferences for future care
• The type of medical treatment you may want
• Where you would prefer to receive care
• How your financial affairs should be managed
• What should happen to your estate
• Who should be involved in important decisions

The arrangements available to you can depend on the Australian state or territory in which you live.

Starting a Conversation About Death

There is no single right way to begin a conversation about death or future care.

You could start with a simple discussion about what you would want if you became seriously ill or were no longer able to make important decisions yourself.

For example:

“I’ve been thinking about the future and want to make sure you know what I would want if something happened to me.”

A conversation does not need to cover everything at once. Starting with one topic can make the discussion feel more manageable.

Discuss Your Wishes With People You Trust

Once you have considered your wishes, it can be helpful to discuss them with the people who may need to support you.

Depending on your circumstances, this might include:

• Your partner or spouse
• Adult children
• Parents
• Siblings
• Close friends
• Your chosen decision-maker
• Your lawyer or estate-planning professional
• Healthcare professionals

Having these conversations in advance can help the people around you understand your preferences before a difficult situation arises.

Consider Your Future Healthcare

Advance care planning allows you to consider what matters to you when making decisions about future healthcare.

Depending on where you live in Australia, you may be able to formally record your healthcare preferences through an advance care planning document, Advance Health Directive or another document recognised in your jurisdiction.

You may wish to consider:

• Medical treatment
• Future care preferences
• End-of-life care
• Pain management
• Where you would prefer to receive care
• Who you would like involved in important healthcare decisions

The terminology, requirements and legal effect of these arrangements can differ between Australian states and territories.

Consider Who Can Make Decisions for You

Another important part of advance planning is considering who you trust to assist with decisions if you lose decision-making capacity.

Depending on your circumstances and jurisdiction, different arrangements may apply to:

• Financial decisions
• Legal matters
• Personal decisions
• Healthcare decisions
• Living arrangements

It is important to understand what authority a particular appointment provides and discuss your expectations with the person you are considering appointing.

Review Your Estate Planning

Advance planning can also be an opportunity to review your Will and broader estate-planning arrangements.

Consider whether your current arrangements reflect your wishes regarding:

• Your home and other property
• Savings and investments
• Personal possessions
• Superannuation
• Life insurance
• Family heirlooms
• Charitable gifts
• Your intended beneficiaries

Your circumstances may change over time, so reviewing your estate plan after significant life or financial changes can help ensure your arrangements remain appropriate.

Why Documenting Your Wishes Matters

A conversation can be valuable, but important decisions may also need to be formally documented.

Depending on your circumstances, this may include reviewing or preparing documents relating to:

• Your Will
• Powers of attorney
• Healthcare or advance care planning
• Guardianship or personal decision-making arrangements
• Other estate-planning matters

The appropriate documents and their legal effect depend on the circumstances and the state or territory where you live.

Give Your Family Greater Clarity

One benefit of advance planning is that it can reduce uncertainty for the people who may need to support you.

When your wishes have been discussed and appropriately documented, your family and chosen decision-makers may have a clearer understanding of what matters to you.

This can help reduce confusion and uncertainty during circumstances that may already be emotionally difficult.

Review Your Plans as Circumstances Change

Advance planning is not necessarily a one-time exercise.

You may want to review your arrangements after significant changes such as:

• Marriage or separation
• Changes in family relationships
• The birth or death of a family member
• Buying or selling significant assets
• Changes to your financial circumstances
• Moving to another state or territory
• Changes in your healthcare preferences

Regular reviews can help ensure that your documents and instructions continue to reflect your wishes.

Start the Conversation

You do not need to resolve every issue in one conversation.

Start by discussing the things that matter most to you. Talk to someone you trust, ask questions and consider whether your wishes should be formally documented.

Advance planning is about being prepared, communicating clearly and helping ensure your preferences can be understood if you are unable to communicate them yourself.

Advance Planning With Estates Now

Estates Now can help you understand your estate-planning options and consider the documents that may be relevant to your circumstances.

Whether you are reviewing an existing Will, considering powers of attorney or planning for the future, obtaining appropriate legal guidance can help you make informed decisions about your arrangements.

Contact Estates Now to discuss your estate-planning needs and understand your next steps.

This article provides general information only and is not a substitute for legal or medical advice. Advance planning, healthcare decision-making and estate-planning requirements can differ between Australian states and territories.