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.

We do recommend that you have people that advocate for you and make sure your MDP is shared with carers and doctors when needed. This can be a trusted friend or family member or more formally a Power of Attorney

Under New Zealand law, medical directives and end-of-life plans do not need to be witnessed or legally endorsed to be valid.

We do recommend you have someone advocate for you and makes sure your MDP is shared with doctors and carers when you can no longer speak for yourself.

The Code of Health and Disability Services Consumers' Rights dictates that advance or medical directives are effective only when you are incapacitated and cannot speak for yourself or not considered competent to make decisions for yourself.

Incapacitation is when you can no longer speak for your self. It 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.

You can choose an Enduring Power of Attorney (EPA) for Personal Care and Welfare. This person is legally bound to share your dying 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 authorisation 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 EPA 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 EPA and dying plan, making medical decisions can be challenging and time-consuming.

Getting a Power of Attorney:

It’s advisable to create a dying plan and establish a EPA 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 EPA. Remember that a EPA is more than just a legal document; it provides peace of mind by ensuring that someone you trust can manage your affairs if needed.

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.

A Next of Kin refers to a person’s closest living relatives, whether through blood relations, marriage, or other legal bonds. 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 dying 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.