Preparing legal documents

Glossary

If you have not already done so, now is the time to think about making a will, appointing a substitute decision-maker, and preparing an advance care directive.

For any of these documents to be legally binding, you need to have capacity at the time of signing the document. Having capacity means you are able to understand the choices that are available and the consequences of your decisions, and are able to communicate your choices. For more information, talk to your doctor and lawyer.

Learn more about:

Making a will

A will is a legal document that sets out what you want to happen to your assets after you die. These assets are called your estate and may include your house, land, car, bank accounts, jewellery, clothes, household goods or investments. A will can also record your wishes regarding guardianship plans for any children.

Making a will is not difficult but it needs to be prepared and written in the right way to be legally valid. A will should be reviewed and updated as circumstances change. It is best to ask a lawyer to help you or contact the Public Trustee in your state or territory. For more information, call Cancer Council’s Legal Referral Service on 13 11 20.

When you die without a will, you are said to die intestate. Your assets are distributed to family members according to a formula provided by the law. Although any will can be challenged in court, having a valid will usually means your assets will go to the people of your choice, avoids extra expenses, and simplifies the process for your family.

Appointing a substitute decision-maker

You can appoint someone to make medical decisions for you if in the future you lose capacity to make these decisions yourself. These can include decisions about your medical care and treatment. This person is called a substitute decision-maker. They should be someone you trust and who understands your values and wishes for future care.

Depending on where you live, the documents for appointing this person may be known as an enduring power of attorney, enduring power of guardianship, or appointment of a medical treatment decision maker. See table on the next page for more information.

Making an advance care directive

A written record of your goals and instructions for future medical care is called an advance care directive. Depending on where you live, the document may also be known as an advance health directive or advance personal plan.

Download the forms from Advance Care Planning Australia. You may need the help of your doctor or family to complete the form and ensure it is signed, dated and witnessed.

Generally, these documents are legally binding and should inform your doctors, family and carers if they need to make medical decisions for you. If your needs change, you can choose to revise or replace your advance care directive. Ask your doctor or hospital to place your directive on your medical record. You can also save it online at myhealthrecord.gov.au.

For more on this, see Advance Care Planning Australia, see Getting your affairs in order, or call 13 11 20.

Documents used for advance cancer planning

State/ territory

Name for advance care directive

Name for substitute decision-maker

ACT

health direction

enduring power of attorney

NSW

advance care directive

enduring guardian

NT

advance personal plan

decision-maker

QLD

advance health directive

enduring power of attorney

SA

advance care directive

substitute decision-maker

TAS

advance care directive

enduring guardian

VIC

advance care directive

medical treatment decision maker

WA

advance health directive

enduring guardian

Voluntary assisted dying

Recent changes in Victoria mean that voluntary assisted dying for people who meet strict criteria is legal in Victoria. For more on this, see the Victorian Government’s Voluntary Assisted Dying website.

Although the laws in some other states and territories are under review, euthanasia and voluntary assisted dying are not part of palliative care. To find out more, visit end-of-life.qut.edu.au for updates.

Palliative care and end-of-life services are widely available in Australia. These services can help maintain comfort and quality of life throughout advanced cancer.

For more on this, see Palliative care.

Click on the icon below to download a PDF booklet on living with advanced cancer.

Printed copies are available for free - Call 13 11 20 to order

Instructions for downloading and reading EPUB files

Apple devices

The iBooks application must be installed on your Apple device before you can read the EPUB.
Different ways to download an EPUB file to your Apple device:

  • email EPUB files to yourself and transfer the attachment to iBooks.
  • copy EPUB files into DropBox (or a similar service) and use the DropBox app to send them to iBooks.
  • open EPUB files directly from Mobile Safari and open them in iBooks, where they are saved automatically by downloading the EPUB from the website.

Need more help? Visit: http://support.apple.com/kb/HT4059

Kobo

To download an EPUB file to your Kobo from a Windows computer:

  • download and save the EPUB directly onto your desktop.
  • connect your Kobo to your computer using the USB cable and tap “Connect” on your eReader.
  • select “Open folder to view files” to view the contents of your Kobo.
  • navigate to where you have stored your EPUB file in “Finder”, in documents or downloads, and drag and drop it into the Kobo window. You can now disconnect your Kobo to read the eBook.

To download an EPUB to your Kobo from a Mac:

  • download and save the EPUB directly onto your desktop.
  • connect your Kobo to your computer using the USB cable and tap “Connect” on your eReader.
  • open your “Finder” application.
  • select “Kobo eReader” from the listed devices to view the contents of your Kobo.
  • navigate to where you have stored your EPUB file in “Finder”, probably in documents or downloads, and drag and drop it into the Kobo window. You can now disconnect your Kobo to read the eBook.

Turn on your Kobo and your EPUB will be located in “eBooks”, while a PDF will be located in “Documents”.
Need more information? Visit: http://www.kobo.com/help/koboaura/response/?id=3784&type=3

Sony Reader

To download an EPUB file on your Sony Reader™:

  • ensure you have already installed the Reader™ Library for PC/Mac software
  • select the eBook you want from our website and click the link to download it.
  • connect the Reader™ to your computer.
  • open the Reader™ Library software and click “Library” in the left-hand pane and select the eBook to view it.

Need more help? Visit: https://au.readerstore.sony.com/apps_and_devices/

Amazon Kindle 2nd Generation devices

EPUB files can’t be read on the Amazon Kindle™. However, like most eReaders, Kindle™ 2nd Generation devices are able to display PDFs. We recommend that you download the PDF version of this booklet if you would like to read it on a Kindle™.
To transfer a PDF to your Kindle™ via USB cable from your computer or Mac:

  • download the PDF directly onto your computer.
  • connect the USB cable to your computer’s USB port, and the micro USB end of the cable to your Kindle™. Note: the Kindle™ won’t be available as a reading device while it is connected to your computer until it has been disconnected.
  • open the Kindle™ drive and several folders will appear inside. The “Documents” folder is where you will need to copy or drag the PDF to.
  • safely eject your Kindle™ from your computer and unplug the USB cable. Your content will appear on the Home Screen.

Kindle also provides a Kindle Personal Documents Service that allows users to send documents as an attachment directly to your eReader. For more information on this service, visit http://www.amazon.com/gp/help/customer/display.html/ref=help_search_1-1?ie=UTF8&nodeId=200767340&qid=1395967989&sr=1-1
For more information on accessing a PDF on your Kindle™, visit www.amazon.com/manageyourkindle, log in to your account and click on Personal Document Settings.
Need more help? Visit https://www.amazon.com/gp/help/customer/display.html?nodeId=200375630

Android and PC

You can also download and open eBooks on Android devices and PCs with appropriate apps or software installed. Suitable eReader apps for Android include Google Play Books, FBReader and Moon+ Reader. Suitable software for PCs include Calibre and Adobe Digital Editions.

This information was last reviewed in December 2019
View who reviewed this content
View our editorial policy

Support services

Need legal and financial assistance?
Pro bono services, financial and legal assistance, and no interest loans

Legal and financial issues fact sheets
Downloadable PDFs with information around common legal, financial and workplace issues for people affected by cancer

Cancer information

Dealing with the diagnosis
Common reactions to a cancer diagnosis and how to find hope

View our publications
Guides and fact sheets for people with cancer, their families and friends

TOP BACK TO TOP