Living Will South Australia: What SA Actually Calls It and How It Works
South Australia Doesn't Use the Term "Living Will"
If you've been searching for how to make a living will in South Australia, you won't find one — not because the concept doesn't exist, but because SA uses different terminology and a more comprehensive document.
What other countries call a "living will" is called an Advance Care Directive (ACD) in South Australia. But the ACD goes well beyond what a traditional living will covers.
A living will, in the American or British sense, is typically a narrow document recording your wishes about medical treatment at end of life — mainly whether you want life-sustaining measures like CPR, ventilators, or feeding tubes.
South Australia's ACD is a single statutory instrument under the Advance Care Directives Act 2013 that covers:
- Healthcare decisions — treatment preferences, binding refusals of specific medical interventions, organ donation preferences
- Personal and lifestyle decisions — where you want to live, daily routines, social contact preferences
- Appointment of decision-makers — up to four Substitute Decision-Makers (SDMs) who can act on your behalf when you lose capacity
In other words, the ACD is a living will, healthcare proxy, and personal guardianship appointment rolled into one document.
Why the Terminology Matters
Using the wrong term isn't just a semantic issue — it can create real problems.
If you tell your GP, a hospital admissions officer, or a JP that you want to sign a "living will," they may not immediately connect it to the statutory ACD process. SA Health's systems, clinical databases, and My Health Record all reference "Advance Care Directive." The forms, witnessing requirements, and legal protections all flow from the Advance Care Directives Act 2013 — there is no parallel "living will" legislation.
If you've moved to South Australia from another state or from overseas and have an existing living will, be aware that an interstate directive may be recognised in SA provided its instructions comply with local law. A document drafted under Victorian, NSW, or overseas legislation should be checked against SA requirements before relying on it in a crisis.
How the ACD Compares to a Traditional Living Will
| Feature | Living Will (US/UK) | SA Advance Care Directive |
|---|---|---|
| Healthcare treatment preferences | Yes | Yes |
| Appointment of healthcare decision-maker | Usually separate document | Included (up to 4 SDMs) |
| Personal and lifestyle decisions | No | Yes |
| Accommodation and living arrangements | No | Yes |
| Financial and property decisions | No | No (requires separate EPA) |
| Legally binding treatment refusals | Varies by jurisdiction | Yes, if drafted with sufficient clinical precision |
| Witnessing requirements | Varies | Strict — authorized professional witness required |
The biggest practical difference is the binding refusal mechanism. Under SA law, if you draft a treatment refusal that is specific enough to qualify as a "binding provision," clinicians are legally required to follow it, subject to statutory exceptions such as suspected suicide or self-harm. Vague statements like "no extraordinary measures" are treated as non-binding value statements — they guide decisions but don't compel action.
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What You Need to Do
If you want the protection that a "living will" provides, here's the SA process:
- Get the official ACD form — free from SA Health's website, Service SA centres, or public libraries. Use the post-March 2024 version.
- Write clinically specific instructions — instead of "no heroic measures," specify exactly which treatments you refuse and under what clinical circumstances.
- Appoint your SDMs — name the people who will speak for you if the ACD doesn't cover a specific situation.
- Follow the signing protocol — SDMs sign their acceptance sections first, then you sign before an authorized witness (JP, lawyer, registered health practitioner, social worker, police officer, or teacher).
- Distribute copies — give certified copies to your SDMs, GP, local hospital, and upload a scan to My Health Record.
One Document Isn't Enough
The ACD deliberately excludes financial and property matters. If you want someone managing your bank accounts, paying your bills, or handling real estate transactions when you can't, you need a separate Enduring Power of Attorney (EPA) under the Powers of Attorney and Agency Act 1984.
Most people completing their advance care planning in SA should do both documents at the same time. Together, the ACD and EPA cover the full range of decisions that might need to be made on your behalf.
Our South Australia Advance Directive & Living Will Kit guides you through both documents and provides the clinically precise drafting language that turns vague wishes into enforceable treatment refusals.
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