Your advice to 40-year-olds: #6 Administration generation

Where the bloody hell are you? 

Let’s look at an example of this. 

Just looking at forms for instructing healthcare professionals on how to treat you medically (not other kinds of planning), the Commonwealth Government’s Advance Care Planning Australia website shows that: 

• The ACT’s two forms are called a Health Direction and a Statement of Choices 

• In Queensland there are two forms, an Advance Health Directive and a Statement of Choices 

• In Western Australia the two forms are an Advance Health Directive and a Values and Preferences form 

• In the NT there is a single form called an Advance Personal Plan 

• The other four states all consistently call their single document an Advance Care Plan. 

Though that’s at the time of writing; it may change with time. You can check your own jurisdiction’s situation on these matters here. 

Even worse, each state and territory has its own laws regarding the definition of capacity, so a person considered capable of making their own decisions in one place may be denied that capacity in another. 

And states and territories don’t always recognise documents prepared in another jurisdiction, should you lose capacity while away from home. 

There are also other aspects of life not covered in those documents for which other kinds of document are needed.  

For example, to nominate a trusted person to make financial decisions for you, you may need a financial management order, an enduring power of attorney, or something else, again depending on your jurisdiction. 

Clearly this is an incredibly important legal topic, and the NSA Research Team does not have the authority or expertise to advise you on these matters. 

The best advice we can give is to seek your own legal advice on the paperwork that applies to you. 

NSA Senior Polic Advisor, Jacintha Victor John, has written an accompanying article here. that outlines some of the key documents you may want to look into in this regard to help your next steps. 

End of life and post-death paperwork 

On a more familiar note, around 50 of you advised people in their 40s to figure out their inheritance/estate planning, create a will, and keep it updated. Your advice included: 

“Have a current will/review your will regularly as you age.” 

“Ensure all your financial information is well documented.” 

“Estate Planning: Work with a financial planner to create or update a will, trust.” 

“Use specialist advice e.g. inheritance planning lawyers.” 

“Ensure a will is current and DO NOT grant the executorship to a relative.” 

A few of you also suggested people prepay for a funeral or at least sort out the arrangements in advance to take the burden from others’ shoulders. For example, one of you wrote, “Start a funeral fund for yourself so that your children will not have to worry about the cost of your funeral.” 

Around 20 of you specified the need to specify wishes for end-of-life care. Many of these comments suggested people in their 40s make plans to “die with dignity” through voluntary assisted dying or similar means.  

Out of sensitivity to readers we will refrain from sharing your comments on this but acknowledge many such views are deeply held and there is an important policy conversation still to be had in Australia about broadening the conditions for accessing VAD provisions. 

Some less controversial aspects of end-of-life wishes include your advice to younger Australians to be clear about any “do not resuscitate” wishes they may have, and to complete paperwork for organ donation if they would like to do so. 

Make wishes known 

Formal paperwork aside, around 50 of you advised those in their 40s to make their wishes for later life known to trusted family members or friends so that those people are ready to go into bat for them if needed. 

Your advice of this kind included: 

“Ensure that you have a plan ready and that you have someone trustworthy to assist you in organising what you need. Make sure you have discussed this with this person so they are aware.” 

“Make sure your family know exactly what you want.” 

“Start discussing with your family well in advance, not once but regularly.” 

“Have a plan, write it down, and talk to those who support you whether that be family members, friends, hospital staff, etc - but definitely have some sort of plan.” 

“Make advanced care plans. Let those close know these, enlist their support.” 

There is no substitute for having someone on your side. 

Next month’s advice: stay engaged.