The Estate Organiser

Advance Care Directive NSW: Form, Witnesses and Where to Keep It

Published 2 October 2026 by Will Kimak.

An advance care directive in NSW is a way to say what healthcare treatments you would like to have or refuse if you have a life-threatening illness or injury, in NSW Health's own words. (Source: health.nsw.gov.au, checked 2 Oct 2026) New South Wales is the odd one out among the states: there is no advance care planning legislation, so there is not one particular form you must use. (Source: health.nsw.gov.au, checked 2 Oct 2026) NSW Health still publishes a free Advance Care Directive form and information booklet, and that is the simplest place to start. (Source: health.nsw.gov.au, checked 2 Oct 2026)

This page covers who can make one, the NSW Health form, why signing and witnessing are recommended even though they are not required, where to keep it, and how it works with an enduring guardian and an enduring power of attorney. For the other states, see our guide to the advance care directive in Australia.

Who can make one in NSW

Only you, as an adult who can still make decisions. NSW Health says an Advance Care Directive can only be made by you as an adult with decision making capacity, and if it is valid, it must be followed. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Family can help with the writing. They cannot make it for you. NSW Health puts it this way: someone else cannot make an Advance Care Directive on your behalf, however someone may assist you to write or document your preferences. (Source: health.nsw.gov.au, checked 2 Oct 2026)

The NSW Health form, and why there is no single required form

NSW Health says it is important to note that in NSW a person does not need to use a specific form to record their wishes, and therefore all Advance Care Directives must be respected. (Source: health.nsw.gov.au, checked 2 Oct 2026) Advance Care Planning Australia adds that in NSW you can create one simply by writing down your preferences in a structured way, signing and dating it. (Source: advancecareplanning.org.au, checked 2 Oct 2026)

Most people still find a form easier than a blank page. NSW Health's package contains an Advance Care Directive form to complete and an information booklet to help you complete it. (Source: health.nsw.gov.au, checked 2 Oct 2026) You can download it from the NSW Health Advance Care Directive page.

The booklet even says an Advance Care Directive in NSW can be spoken or written, provided it meets the criteria it sets out. (Source: health.nsw.gov.au, checked 2 Oct 2026) Writing it down is what lets a stranger in a hospital find it and act on it, though.

Signing and witnessing in NSW

Here NSW differs from Queensland and Victoria. NSW Health states that signatures and witnesses are not required for an Advance Care Directive to be valid and enforceable. (Source: health.nsw.gov.au, checked 2 Oct 2026)

It still recommends them, for a practical reason. To help health professionals easily know that your directive is valid, NSW Health recommends it is signed by you, a witness who can verify that it reflects your preferences, and a health professional. (Source: health.nsw.gov.au, checked 2 Oct 2026) The form itself says that while not legally required, it is strongly recommended that a witness co-signs it and/or a health professional witnesses you sign. (Source: health.nsw.gov.au, checked 2 Oct 2026)

A GP appointment is a natural moment to do this, because the doctor can talk the treatment options through with you at the same time.

Where to keep it, and who gets a copy

NSW Health suggests keeping it in a place that is easy for you or someone else to find, and keeping a copy with you, or a card in your wallet saying you have one and where it is. (Source: health.nsw.gov.au, checked 2 Oct 2026) It also suggests leaving copies with your Person Responsible, family or carer, doctor or healthcare facility. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Two practical notes from the booklet. You can upload your Advance Care Directive directly to My Health Record, and please do not post your Advance Care Directive to NSW Health. (Source: health.nsw.gov.au, checked 2 Oct 2026) NSW Health confirms My Health Record has an Advance Care Planning Documentation section for exactly this. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Then make a note of every copy. The booklet says to make sure you know where all copies are, because if you change your directive you will need to replace all of them. (Source: health.nsw.gov.au, checked 2 Oct 2026) The Estate Organiser has a place to record exactly that, alongside your will and powers of attorney. It is a book you fill in on your own computer or print and write in by hand, and nothing is stored online.

How it links to an enduring guardian and an enduring power of attorney

NSW splits decisions across three documents, and this is the part that confuses families most.

The NSW Government says the Advance Care Directive is a separate document from the enduring guardian appointment, there to help inform what lifestyle and health decisions are to be followed should you not have capacity. (Source: nsw.gov.au, checked 2 Oct 2026) NSW Health is blunt about the attorney's limits: someone appointed as your Power of Attorney cannot consent to medical and dental treatment for you, because their role is to manage your business, property and financial matters. (Source: health.nsw.gov.au, checked 2 Oct 2026)

If you do not appoint anyone, the law still names someone. NSW Health explains that the Guardianship Act 1987 sets out who can make healthcare decisions for you when you no longer can, and that person is called the Person Responsible. If you want to choose that person yourself, you can appoint an Enduring Guardian. (Source: health.nsw.gov.au, checked 2 Oct 2026) Whoever it is, NSW Health says your Person Responsible must refer to your Advance Care Directive before making any medical or health decisions. (Source: health.nsw.gov.au, checked 2 Oct 2026)

To make an enduring guardian appointment, the NSW Government says you can book an appointment with NSW Trustee and Guardian or contact a solicitor or other qualified legal professional. (Source: nsw.gov.au, checked 2 Oct 2026) For the money side in every state, see our enduring power of attorney in Australia guide.

Changing or cancelling it

NSW Health says you can change your Advance Care Directive as often as you like, as long as you have capacity, and that you can cancel it at any time while you have capacity. (Source: health.nsw.gov.au, checked 2 Oct 2026) When you do, swap out the old copies with your doctor, family and hospital, and upload the new version to My Health Record.

Moved from another state? NSW Health says directives made in other Australian states and territories are recognised in NSW. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Common questions about advance care directives in NSW

Is there an official advance care directive form in NSW?

NSW Health publishes a free Advance Care Directive form and information booklet, but there is no single form you must use, because NSW has no advance care planning legislation. (Sources: health.nsw.gov.au and health.nsw.gov.au, checked 2 Oct 2026)

Does an advance care directive need to be witnessed in NSW?

Not to be valid. NSW Health says signatures and witnesses are not required for an Advance Care Directive to be valid and enforceable, but recommends it is signed by you, a witness and a health professional so staff can easily trust it. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Who makes medical decisions for me in NSW if I cannot?

Your Person Responsible, as set out in the Guardianship Act 1987. If you want to choose that person, you can appoint an Enduring Guardian. They must refer to your Advance Care Directive before making medical or health decisions. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Can my power of attorney make medical decisions in NSW?

No. NSW Health says a person appointed as your Power of Attorney manages your business, property and financial matters and cannot consent to medical and dental treatment on your behalf. That is the role of an enduring guardian or Person Responsible. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Where should I keep my advance care directive in NSW?

Somewhere easy to find, with copies for your Person Responsible, family or carer, doctor or healthcare facility. You can upload it to My Health Record. NSW Health asks that you do not post it to NSW Health. (Source: health.nsw.gov.au, checked 2 Oct 2026)

Is an advance care directive from another state valid in NSW?

NSW Health says Advance Care Directives made in other Australian states and territories are recognised in NSW. (Source: health.nsw.gov.au, checked 2 Oct 2026)

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Educational content only. Not legal, financial or tax advice. Estate laws vary across Australian states and territories. Always consult a qualified professional about your specific situation.

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