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If you’ve been diagnosed with terminal cancer, it can be tough to think about getting your affairs in order, but making decisions now can ensure your wishes are known and make a difficult time easier for your family and friends. We’re here to help answer any questions you might have about planning for the future.
Note: This page discusses death and financial matters which some readers may find distressing.
Our team is here to listen and support you.
Planning for the future (or estate planning) can help you get your affairs in order, meaning you can ensure your wishes are fulfilled and it is easier to settle certain matters after you die.
A checklist for getting affairs in order usually includes:
If you have been diagnosed with terminal cancer, one of the hardest things to do can be planning and getting your affairs in order. But you’re not alone – we’re here to help you with practical information and advice, as well as emotional support. Call the Cancer Council Queensland support line on 13 11 20 to learn more about the support services we can connect you with.
A will is a legal document that sets out what happens to your assets (estate) after you die. All adults should make a will. Your estate may include your house, land, car, bank accounts, jewellery, clothes, household goods or investments. A will can also determine how any debts are paid or who should look after any dependent children under the age of 18.
Making a will and estate planning makes it easier for your family and friends to make legal and financial arrangements after you die. Wills are particularly important for anyone with a family or dependants, especially if they are separated or divorced.
Anyone aged 18 or older can make a will, as long as they have “testamentary capacity”. This means that you must:
If there could be any doubt whether you have testamentary capacity (for example, if you are taking heavy pain medicine that is affecting your thinking), it’s a good idea to get a doctor’s certificate.
There are several ways to make a will:
It is a good idea to seek professional assistance to make a will, this is to ensure the will is valid and can be effective in court.
For more information about making, keeping and updating your will, download our Getting your affairs in order fact sheet.
If you don’t make a will, the law will decide who gets your assets when you die, and it might not be who you would choose. An administrator (usually a relative) will be appointed to distribute your estate according to a standard formula. It can also be more expensive to manage your assets if you die without a will.
Advance care planning is different from estate planning and means preparing documents now that will help your family and friends make decisions on your behalf if you cannot make them for yourself.
These decisions can set out your wishes about what to do with your finances, property, medical care and lifestyle. In Queensland they require the following to be valid:
Visit the Queensland Government webpage My Care My Choices for more information on advance care planning.
An enduring power of attorney is someone you legally appoint to make decisions for you in the event you lose capacity to make decisions for yourself.
If you haven’t made an enduring power of attorney and you’re unable to make decisions, the Queensland Civil and Administrative Tribunal can appoint a guardian to make decisions for you. This is usually a family member, but it may not be who you would have chosen yourself and there can be costs and delays involved.
Find out more about appointing an Enduring Power of Attorney from the Queensland Government website.
Advance health directive (sometimes called a living will) is a record of your preferences regarding future medical care and treatment. In Queensland, a valid advance health directive must generally be respected by medical professionals, unless they are unaware you have one in an emergency.
An advance health directive allows you to make decisions ahead of time, and can include whether you want to be resuscitated, receive artificial nutrition or hydration or antibiotics, and more. An advance health directive also allows you to record any religious beliefs or wishes.
Your lawyer can help you make an advance health directive or download this form from the Queensland Government website.
Superannuation funds are not automatically part of your estate, meaning they are not governed by a will. When a member of a superannuation fund dies, the fund usually pays out their death benefit to one or more of their independents.
The death benefit includes:
You can tell your superannuation fund who you would like to receive your death benefit. Contact your super to complete a death benefit nomination form or a binding death benefit nomination form (the trustee must follow your wishes). Be sure to check how regularly your policy requires you to update or confirm your nominations.
Keeping all of your paperwork in one place can make it easier for a loved one to help you with financial and legal matters.
Important documents to organise and keep together include:
Whether you need practical or emotional support in getting your affairs in order, help is available for all Queenslanders impacted by cancer.
For help and more information, visit:
For more information, practical advice, or emotional support, call the Cancer Council Queensland support line on 13 11 20. We have a range of services to help you get your affairs in order, such as connecting you with a pro bono lawyer to make a will.
Getting your affairs in order is a good idea for all adults. It allows you to set out your wishes and preferences for the future, if you are unable to make decisions for yourself due to sickness or death. Future planning can also help make a difficult time easier for your friends and family.
Estate planning may include making a will, but it also refers to preparing other types of documents, such as nominating someone to receive your superannuation fund and more.
Estate planning documents include any documents that set out what is to happen to your assets, such as your house, land, car, bank accounts, jewellery, clothes, household goods or investments.
These can include:
You can make a will without a lawyer, but there are certain requirements that need to be followed to ensure your will is valid, such as certain inclusions or getting it verified.
For more information about how to make a will yourself, download the Getting your affairs in order fact sheet.
Private health insurance coverage for cancer treatment depends on your level of cover and policy. Contact your health insurance provider to understand exactly what is covered under your policy. They can provide detailed information about out-of-pocket expenses you might face.
While Medicare covers many cancer treatments in the public health system, some medications and treatments may have out-of-pocket costs. Speak to your healthcare team or a social worker about what costs you might face and what financial support is available.
