The Difference Between a Will and an Advance Care Directive

Many people assume that once they've made a will, their wishes are taken care of. It is an understandable belief, but a will only covers part of the picture. If you've ever wondered about the difference in a will vs advance care directive, the simplest way to put it is this: a will speaks for you after you die, while an advance care directive speaks for you while you are still alive but unable to speak for yourself. Both matter, and they work best together.

In this article we explain each document in plain language, the gaps that can open up if you only have one, and how to get started. As always, laws and forms differ between Australian states and territories, so please confirm details with a solicitor or your state's official resources.

What a will does

A will is a legal document that sets out what should happen to your estate after your death. It typically:

• names an executor to manage your estate
• says who should receive your property, money and belongings
• may name a guardian for young children
• may include wishes about your funeral, although these are not always binding

A will has no effect while you are alive. It cannot be used to make decisions about your medical care, your living arrangements or anything else during a period of illness. Wills are best prepared or reviewed with a solicitor, who can make sure they are valid in your state.

What an advance care directive does

An Advance Care Directive is a document that records your values, preferences and instructions about future health care, and usually lets you appoint one or more people to make decisions on your behalf if you lose the capacity to make them yourself. It only applies while you are alive, and only when you can't make or communicate a decision.

In South Australia, the Advance Care Directive was introduced under the Advance Care Directives Act 2013 (SA). From 1 July 2014 it replaced the older Medical Power of Attorney, Enduring Power of Guardianship and Anticipatory Direction. An SA Advance Care Directive must be witnessed by a suitable authorised witness. Other states and territories have their own forms and names, but the purpose is broadly similar.

An Advance Care Directive can cover:

• your values and what matters most to you about quality of life
• medical treatments you would or wouldn't want in certain situations
• where you would prefer to live and receive care
• who you want to make decisions for you (in SA, these are called substitute decision-makers)

Our advance care planning page explains this in more detail, including how to choose substitute decision-makers and talk with your family.

Will vs advance care directive: the key differences

It can help to see the two side by side:

• When it applies: A will applies after death. An Advance Care Directive applies during life, if you lose capacity.
• What it covers: A will covers your estate. An Advance Care Directive covers health care, living arrangements and personal matters.
• Who acts: Under a will, your executor acts. Under an Advance Care Directive, your substitute decision-makers act.
• Who usually helps prepare it: A will is usually prepared with a solicitor. An Advance Care Directive is a state form you can complete yourself, often with guidance from your GP, family or an advance care planning consultant.

Neither document can do the other's job. That is why most families benefit from having both, along with a third document for financial matters.

Don't forget financial decisions

One point that surprises many people is that, in South Australia, an Advance Care Directive does not cover money. If you want someone to manage your finances, property or bills while you are alive but unable to do so, you need a separate document called an Enduring Power of Attorney. Other states have their own versions, and some combine financial and personal matters in different ways.

So for many Australians, a well-rounded set of documents looks something like this:

1. A will, for after death
2. An Advance Care Directive, for health and personal decisions during life
3. An Enduring Power of Attorney, for financial decisions during life

What happens if you only have a will?

Imagine a sudden stroke or a serious accident. You are in hospital and can't communicate. Your will, however carefully prepared, says nothing about whether you'd want a particular treatment, or who should speak for you.

In South Australia, without an Advance Care Directive, medical treatment decisions generally fall to a "person responsible" under the Consent to Medical Treatment and Palliative Care Act 1995 (SA). That may be a family member, but it may not be the person you would have chosen, and they may have no idea what you would want. If there is no Enduring Power of Attorney either, an application to the South Australian Civil and Administrative Tribunal (SACAT) may be needed for someone to be appointed to manage your affairs.

Our founder, Jane Rooke, is a Registered Nurse with 20 years in aged care senior management. She has seen how much distress families feel when they are asked to make decisions without guidance. You can read more in our article on what happens if you lose capacity.

How to get started

You don't need to do everything at once. A few gentle steps can make a real difference:

• Check your will. Find out where it is and whether it still reflects your wishes.
• Think about your values. What matters most to you if you became seriously unwell?
• Choose your decision-makers. Who do you trust to speak for you, and have you asked them?
• Talk with your family. Our guide on how to start an advance care planning conversation offers some gentle ways in.
• Complete your state's form. Your GP, a solicitor or an advance care planning consultant can help.

If you prefer to work through it at your own pace, the self-guided Advance Care Planning Workbook is a companion to your state's official form. And if you'd like to bring all of your documents together, our estate readiness page explains how we help families get organised.

Where to from here

A will and an Advance Care Directive are two halves of the same caring act: one looks after the people you love after you're gone, the other makes sure your voice is heard while you're still here. So when it comes to will vs advance care directive, the answer isn't one or the other. Having both gives your family clarity at the moments they need it most.

We offer consultations by telehealth nationally, and in person in Adelaide for South Australian families. Visit our advance care planning in Adelaide page or contact us when you're ready. Care & Legacy Advisors are happy to go through the process alongside you.