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Frequently Asked Questions
If you have more questions about how DyingMatters works, you can always reach out to us!
1. General Questions
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It helps you prepare for unexpected medical situations and emergencies.
It gives you authority over your medical decisions, removing any uncertainty if you're incapacitated.
It protects your loved ones from having to guess or make difficult decisions on your behalf.
It helps prevent potential conflicts between family members.
It supports doctors and caregivers in understanding who you are and what kind of end-of-life experience you want.
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You can complete your own plan using the questions and prompts provided. If you’d like extra support, we’re here to help — please contact us here. You can also involve your GP, other doctors, and trusted family or friends to make sure your plan truly reflects your wishes. The important thing is that the final result is full of your choices and decisions.
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We recommend sharing your completed plan with those who will be most affected by it—your loved ones, your doctor, and anyone you may have chosen to represent you i.e. Power of Attorney.
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No. We send you the form to complete and save on your own computer. You can also print it and fill it in by hand, then store it with your other important documents.
2. Legal and Medical Validity
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Yes it is in New Zealand. As long as it includes your full name, date created, and your signature, it’s considered valid. While you can have it signed by a lawyer, it’s not required.
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Under New Zealand law, medical directives and end-of-life plans do not need to be witnessed or legally endorsed to be valid.
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The Code of Health and Disability Services Consumers' Rights dictates that advance or medical directives are effective only when you are incapacitated or not competent.
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Incapacitation can occur in the following situations:
When you have an incurable and irreversible terminal condition that will result in your death within a relatively short time. This includes conditions caused by injury, disease, or illness from which there is no reasonable medical probability of recovery and, without treatment, can be expected to cause death.
When you are diagnosed with a permanent coma. A permanent coma is a profound state of unconsciousness with no reasonable expectation of regaining consciousness. Having a permanent coma means there is an absence of voluntary action or cognitive behaviour of any kind and an inability to communicate or interact purposefully with one’s environment.
When you are diagnosed as being in a persistent vegetative state and, to a reasonable degree of medical certainty, you will not regain consciousness. A vegetative state is a permanent and irreversible condition in which a person's autonomic functions, such as breathing and heart rate, continue but they cannot communicate or interact purposefully with their environment.
When you have an advanced illness or injury that is so severe that, to a reasonable degree of medical certainty, you will not regain decision-making capacity or survive without continued life support.
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You can choose an Enduring Power of Attorney (EPA) for Personal Care and Welfare. This person is legally bound to share your plan and ensure your wishes are respected once you are unable to speak for yourself.
A Enduring Power of Attorney for Personal Care and Welfare (EPA) is a legal authorization that allows someone, known as the agent or attorney-in-fact, to act on behalf of another individual, referred to as the principal.
Purpose and Types:
An (EPA) grants authority to the agent to make decisions related to the principal’s medical care and wellbeing when they can no longer speak for themselves. There are different types of POAs, including general, limited, durable, and springing POAs. Each type specifies the scope of authority granted to the agent.
Importance: A POA becomes crucial when the principal experiences temporary or permanent illness, disability, or incapacity. It allows the agent to handle necessary matters on their behalf. Without a valid POA and dying plan, making medical decisions can be challenging and time-consuming.
Getting a Power of Attorney:
It’s advisable to create a POA while you’re still capable of making decisions. Waiting until an emergency occurs may lead to complications. Seeking legal advice from a solicitor is recommended for creating a well-structured and legally binding POA. Remember that a POA is more than just a legal document; it provides peace of mind by ensuring that someone you trust can manage your affairs if needed.
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Under NZ law any medical directives or end of life plan do not need to be witnessed or have legal endorsement. However, since specifying your medical directives is a relatively new practice, having a Enduring Power of Attorney for Personal Care and Welfare can help ensure that your wishes are honoured and followed.
Nominate a Health Care Agent:
If you choose not to have an EPA it’s a good idea to nominate someone—a Health Care Agent, for lack of a better term—who can make sure doctors, medical institutions, family, and friends are aware of your choices when the time comes. There’s space in your documents to name this person, so everyone is clear on your decision. This person must have a copy of your plan and be kept up-to-date if you make any changes.
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A Next of Kin refers to a person’s closest living relatives, whether through blood relations, marriage, or other legal bonds. However, there’s often confusion about the term, as it doesn’t automatically grant extensive legal rights and responsibilities.
Definition and Role:
The term “next of kin” lacks a precise legal definition and is often used interchangeably with “emergency contact.”
When asked to name a next of kin (e.g., during hospital admission), you can choose anyone you trust, whether a blood relative or a close friend.
Generally, the order of next of kin is as follows:
Spouse (including unmarried partners in some cases), Adult children (including adopted children but not always step-children), Parents, Siblings.
Hospital Situations:
In emergencies where someone cannot communicate (due to sudden illness or an accident), hospital staff identify their next of kin.
The next of kin may be listed as an emergency contact in your medical records or determined according to the priority order outlined above. However, they do not have automatic legal authority to make healthcare decisions on your behalf. When your next of kin is informed of your end-of-life plan and communicates it to the relevant medical professionals, your wishes are more likely to be respected and followed. If someone wants their next of kin to be their EPA engage a lawyer to formalise this.
3. Planning Tips and Support
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Yes. Everything is included for you to complete the plan independently. Just follow the prompts and fill in the form at your own pace.
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Not necessarily. The document is valid without legal endorsement, but involving a lawyer or doctor can help support your wishes if you want extra support.
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We’re here to support you. You can reach out for one-on-one assistance, or involve your GP, family, or a trusted friend in the process to ensure your choices are understood and respected.

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