Do Not Neglect the Softer Side of Estate Planning

Updated: 21 September 2026

By Rod Genders | Genders and Partners | This article revised and updated 21 September 2026.

Most people, when they think of estate planning, think of Wills, trusts, and the distribution of assets. These are the hard, structural elements of a plan — the legal architecture that determines who receives what, and when. They are undeniably important. But there is another dimension that is just as significant and far less often addressed: the softer side.

The softer side of estate planning encompasses the personal, relational, and medical decisions that legal documents alone cannot fully express — and which, if left unaddressed, can cause enormous distress at the most vulnerable moments in a family’s life.

What Is the Softer Side of Estate Planning?

The softer side involves identifying, documenting, and communicating personal wishes on matters beyond the disposition of assets. These include:

• preferences for end-of-life care — whether you wish to be cared for at home or in a facility, and under what conditions;
• attitudes toward life-sustaining treatment and medical intervention in the event of serious illness;
• who you would like to make decisions on your behalf if you lose the capacity to make them yourself;
• where you would like to live if you lose your independence;
• arrangements for the care of pets;
• wishes regarding organ donation; and
• the custodianship of personal items of sentimental value that may not appear in any asset schedule.

These are not merely sentimental concerns. They have direct legal significance, and they materially affect the quality of care received by persons who can no longer speak for themselves.

The Advance Care Directive: The Principal Legal Instrument

In South Australia, the Advance Care Directives Act 2013 (SA) provides the primary legal framework for documenting the softer side of estate planning. An Advance Care Directive (ACD) allows a person to:

• appoint one or more Substitute Decision Makers to make decisions about medical and personal care if capacity is lost;
• record binding instructions about the medical treatments they consent to or refuse; and
• express values, preferences, and goals to guide Substitute Decision Makers.

An ACD is a legally binding document. A health practitioner who acts consistently with a valid ACD is protected from liability. The ACD can address the full range of softer questions: whether resuscitation is desired, whether artificial nutrition would be accepted in an end-stage condition, and what role palliative care should play. These are deeply personal decisions that deserve to be recorded with the same rigour as any financial instrument.

Voluntary Assisted Dying in South Australia

South Australia’s Voluntary Assisted Dying Act 2021 (SA) commenced on 31 January 2023. It provides a framework under which adults with decision-making capacity who are suffering from a serious and incurable condition may, subject to strict eligibility criteria and safeguards, access voluntary assisted dying.

The existence of this legislation makes it more important than ever for adults to discuss end-of-life wishes with their families and to document those wishes in an Advance Care Directive. Families who have had these conversations in advance are far better equipped to support their loved ones through difficult medical decisions.

Guardianship: Planning for Those You Love

The softer side of estate planning extends to guardianship in both directions — for minor children and for ageing parents.

If you have minor children, your Will should appoint a guardian to care for them in the event of your death. But legal appointment is merely the beginning. The more important step is communication: informing the designated guardian of their appointment, and sharing with them the values, priorities, and parenting philosophy that you would want carried forward. A legal document that surprises its recipient is one well positioned to cause conflict.

For those whose parents are ageing, the softer questions — who provides care, what type of care, in what setting — are best addressed long before a crisis arrives. Enduring Powers of Guardianship and Advance Care Directives provide the legal framework; honest family conversations provide the foundation on which that framework is built.

The Integrated Estate Plan

A truly modern estate plan integrates both dimensions: a current Will under the Succession Act 2023 (SA), an Enduring Power of Attorney under the Powers of Attorney and Agency Act 1984 (SA), and an Advance Care Directive under the Advance Care Directives Act 2013 (SA). Together, these documents address the full range of decisions that may arise — financial, medical, and personal — both during life and after death.

Genders and Partners encourages all clients to approach estate planning as a conversation, not merely a transaction. The softer side of a plan is not supplementary to the legal documents. It is the human context that gives them their meaning.

Want to Find Out More?

If you would like to know more about advance care directives and integrated estate planning, the specialist team at Genders and Partners is here to assist.

When it comes to Wills, Probate, Deceased Estates, asset protection and estate planning in Australia, you can trust the oldest law firm in South Australia – Genders & Partners – to guide you through the tough decisions to create the best solution for your individual needs.

If you have any questions or would like further information, or a quick phone call to discuss, book a timeslot for a free 15-minute phone consultation.

We can help you to protect yourself and your family. We look forward to being of service.

More Advance Care Directives and Softer Planning Resources

• What You Need to Know About Advance Care Directives in South Australia
• Advance Directives: Ensure You Get Quality Care
• End-of-Life Planning: Advance Care Directives in Adelaide
• The Growing Need for Advance Care Directives
• Is It Time for The Talk?

All these and many more advance care directives and integrated estate planning topics are available for discussion with the oldest law firm in South Australia.

This article revised and updated 21 September 2026.

DISCLAIMER: This article provides general information about estate planning and advance care directives in South Australia. It does not constitute legal advice. The Voluntary Assisted Dying Act 2021 (SA) imposes strict eligibility criteria and safeguards; persons seeking information about that Act should consult a qualified medical practitioner. The law described applies under the Succession Act 2023 (SA), the Advance Care Directives Act 2013 (SA), the Powers of Attorney and Agency Act 1984 (SA), and the Voluntary Assisted Dying Act 2021 (SA).