Cross-Border Terminal Illness & Advance Care Checklist: Australia & New Zealand

1. 1

   Organizing Palliative and Hospice Care Across Australia and New Zealand

   In Australia, ask the treating specialist or general practitioner (GP) for a referral to state or territory specialist palliative care teams, which coordinate hospital consultations, inpatient hospice beds, and community palliative nursing at home [1]. You can locate local specialist and community services through the National Palliative Care Service Directory maintained by Palliative Care Australia [1]. If your family member is aged 65 or older (or 50 or older for Aboriginal and Torres Strait Islander people), contact My Aged Care on 1800 200 422 to arrange an assessment for Commonwealth Home Support Programme services or a Home Care Package supporting end-of-life care at home [2].

   If the person is considering relocating between Australia and New Zealand to be closer to family, check cross-border healthcare coverage and medical fitness to fly before booking travel. Under the Reciprocal Health Care Agreement between Australia and New Zealand, citizens and permanent residents receive medically necessary public hospital care during temporary visits, but planned relocation for ongoing community or residential care depends on residency eligibility in the destination country. In New Zealand, publicly funded specialist palliative care is coordinated through Health New Zealand (Te Whatu Ora) in partnership with regional community hospices under Hospice New Zealand, accessed via a GP or hospital clinician referral [6].

2. 2

   Executing Written Advance Directives in Both Jurisdictions

   Advance care documents should be completed separately in both Australia and New Zealand while your family member has full mental capacity, as clinical teams rely on local statutory formats during emergencies.

   • Australia: Each state and territory has its own statutory form and witnessing rules for a legally binding Advance Care Directive (for example, an Advance Care Directive in New South Wales, South Australia, or Victoria, or an Advance Health Directive in Queensland and Western Australia) [3]. Guidance and state-specific forms are available through Advance Care Planning Australia (National Advisory Service on 1300 208 582) [3]. Once signed and witnessed, upload the PDF directly to the person's My Health Record via myGov (or ask the GP to upload it) so ambulance services and emergency departments nationwide can view treatment refusals and goals of care immediately [3].
   • New Zealand: Under the Code of Health and Disability Services Consumers' Rights (Right 7(5)), a person with capacity can make a written Advance Directive to refuse specific future medical treatments if they later lose capacity, and can record wider care values and cultural or whānau wishes in a My Advance Care Plan supported by Health New Zealand [6]. Provide copies to the GP and local hospital records [6].
3. 3

   Establishing Separate Financial and Healthcare Powers of Attorney

   A Power of Attorney made in Australia is not automatically accepted by New Zealand banks, land registries, or healthcare providers (and vice versa). Execute separate documents in each country while the person retains legal capacity.

   • Australia: Appoint trusted representatives under the relevant state or territory legislation using two distinct instruments (or a combined statutory form where applicable): an Enduring Power of Attorney for financial and legal affairs (which must be registered with the state land titles office if real property will be sold or managed), and an Enduring Guardianship, Medical Treatment Decision Maker, or Enduring Power of Attorney for personal/health matters depending on the state [3].
   • New Zealand: Under the Protection of Personal and Property Rights Act 1988, set up two separate instruments: an Enduring Power of Attorney (EPA) for Personal Care and Welfare (which appoints one primary attorney and takes effect only if a medical practitioner or the Family Court determines the donor has lost mental capacity) and an EPA for Property (which can appoint one or more attorneys and can take effect immediately while the person has capacity or only upon incapacity) [7]. New Zealand EPAs must be signed on standard statutory forms and witnessed and certified by a New Zealand lawyer, qualified legal executive, or authorised officer of a trustee corporation [7].
4. 4

   Claiming Fast-Track Terminal Illness Benefits and Caregiver Support

   Both countries offer financial assistance, caregiver leave, and early retirement fund withdrawals for terminal illness:

   • Australia: Caregivers providing daily care can apply to Services Australia (Centrelink) for Carer Payment (income-tested income support, which also continues for up to 14 weeks after bereavement) and Carer Allowance (a supplementary payment) [4]. Under the Fair Work National Employment Standards, Australian employees are entitled to paid personal/carer's leave and compassionate leave when an immediate family or household member has a life-threatening illness. In addition, the person with a terminal illness can apply directly to their superannuation fund for tax-free early access to superannuation under the Australian Taxation Office terminal medical condition rules once two registered medical practitioners (including at least one relevant specialist) certify that the illness is likely to result in death within 24 months [5].
   • New Zealand: A person with a terminal illness and a life expectancy of less than 2 years qualifies for simplified access to the Supported Living Payment through Work and Income (MSD) without work obligations or future medical reassessments, or a full-time carer looking after someone at home who would otherwise require hospital-level or residential care can apply for the Supported Living Payment (Carer) [8]. Members of KiwiSaver can also apply to their KiwiSaver provider for early withdrawal on grounds of life-shortening congenital conditions or serious/terminal illness, and New Zealand employees can request domestic/sick leave or bereavement leave under the Holidays Act.
5. 5

   Aligning Cross-Border Wills, Superannuation, Tax, and Post-Death Administration

   Review estate and beneficiary arrangements across both countries now so executors do not face conflicting rules later:

   • Wills and Probate: Confirm that wills clearly cover assets in both Australia and New Zealand (or execute coordinated wills limited to each jurisdiction so one does not accidentally revoke the other). After death, estate administration may require a Grant of Probate from the relevant State or Territory Supreme Court in Australia and either a New Zealand High Court Grant of Probate or resealing of the Australian grant in New Zealand.
   • Australia notifications and claims: Because superannuation does not automatically form part of a deceased estate, review and update Binding Death Benefit Nominations directly with each Australian super fund [5]. After a death in Australia, families can notify Services Australia (for Medicare and Centrelink), use the Australian Death Notification Service (ADNS) to alert participating banks and utilities, claim superannuation death benefits, and have the legal personal representative file a final Date of Death tax return with the Australian Taxation Office [4][5].
   • New Zealand notifications and claims: Use the official Te Hokinga ā-Wairua End of Life Service portal to coordinate New Zealand death notifications [9], inform Work and Income (for NZ Superannuation and any Survivor's Grant, or ACC for accidental death entitlements) [8][9], apply to the KiwiSaver scheme provider to release the remaining KiwiSaver balance to the estate, and notify Inland Revenue (IRD) to finalise tax up to the date of death [9].

Official Authorities & Verified Contacts

Official Sources Checked by Clarvia

1. [1]
   National Palliative Care Service Directory — Palliative Care Australia
2. [2]
   End-of-life and palliative care in aged care — My Aged Care (Australian Government)
3. [3]
   Advance care directives and uploading to My Health Record — Advance Care Planning Australia
4. [4]
   Carer Allowance and Carer Payment bereavement rules — Services Australia
5. [5]
   Access on grounds of terminal medical condition — Australian Taxation Office
6. [6]
   Advance Care Planning in Aotearoa New Zealand — Health New Zealand (Te Whatu Ora)
7. [7]
   Make an Enduring Power of Attorney (EPA) — New Zealand Government (govt.nz)
8. [8]
   Supported Living Payment — Work and Income (Ministry of Social Development)
9. [9]
   Te Hokinga ā-Wairua End of Life Service — New Zealand Government