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Yes, Advance Care Directives are legally binding in NSW (and throughout Australia). While NSW does not have specific statue legislation (i.e., legislation made by Parliament), ACDs are legally binding under the Common Law (i.e., law made by Court decisions).

Current thinking about advance care planning reveals it to be composed of behaviors including clarification of values; communication among patients, surrogates, and clinicians; and completion of written directives.

Healthcare advance directives should state both what you do want and what you don't want.You retain the right to override the decisions or your representative, change the terms of your living will or POA, or completely revoke an advance directive.

An advance directive isn't the same as a DNR DNRs, like POLST forms, require a physician's sign-off and are medical orders, instructing emergency personnel to withhold resuscitation efforts. If you don't want to receive resuscitation, including that information in an advance care directive is not enough.

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A prehospital DNR order is generally a simple, one-page document; you don't need a lawyer to prepare it. You do, however, need to talk to your physician, who will sign your DNR. In some states, adult witnesses or a notary public must also watch you sign the order.

A DNR says that if your heart stops or you stop breathing, medical professionals should not attempt to revive you. This is very different from a health care proxy, which only goes into effect if you are unable to communicate your wishes for care.