Can You Change An Enduring Guardian?

Yes, in many situations an Enduring Guardian can be changed.

Life circumstances, relationships, health needs and personal wishes can change over time.

If the person you appointed is no longer suitable, available or willing to act, it may be important to review your guardianship arrangements.

Why Might Someone Change Their Enduring Guardian?

There are many reasons a person may want to change their Enduring Guardian.

Common reasons may include:

The appointed guardian is no longer available
The guardian has moved away
The guardian is no longer willing to act
Relationships have changed
The person’s health or care needs have changed
Family circumstances have changed
The person now prefers someone else to make decisions

How Do You Change An Enduring Guardian?

The process depends on the laws and forms that apply in your state or territory.

In many cases, changing an Enduring Guardian may involve revoking or replacing the existing appointment and completing new documents.

Because requirements vary across Australia, it is important to follow the correct process for your location.

Can You Simply Tell Your Family?

Telling family members about your wishes can be helpful, but it may not be enough to legally change the appointment.

If a formal appointment exists, changes usually need to be properly documented.

This can help reduce confusion about who has authority to make decisions if needed.

Should You Tell The Previous Guardian?

In many situations, it is sensible to notify the previous guardian if their appointment is being changed or revoked.

This can help avoid misunderstanding later.

You may also need to update any organisations or people who hold copies of the previous document.

A Real-Life Example

Imagine an older person appointed their adult child as Enduring Guardian ten years ago.

Since then, the child has moved overseas and is no longer easily available.

The person may now prefer to appoint another trusted family member who lives nearby and understands their health and lifestyle wishes.

Reviewing and updating the appointment can help ensure the right person is named.

Can You Appoint A New Guardian?

In many situations, yes.

If you still have decision-making capacity and meet the legal requirements in your state or territory, you may be able to appoint a new guardian.

The correct process depends on the relevant laws and documents.

When Should You Review Your Guardian Appointment?

It may be worth reviewing your Enduring Guardianship arrangements after major life changes, including:

Health changes
Relationship changes
Moving home or entering aged care
The death or illness of a guardian
Family conflict
Changes in personal wishes

Do The Rules Differ Across Australia?

Yes.

Enduring Guardianship laws, terminology, revocation processes and forms vary between Australian states and territories.

Some jurisdictions use different arrangements for personal, health and lifestyle decisions.

It is important to understand the requirements that apply where you live and seek professional advice where appropriate.

Frequently Asked Questions

Can I change my Enduring Guardian?

In many situations, yes, if you still have decision-making capacity and follow the process required in your state or territory.

Do I need to revoke the old appointment?

You may need to formally revoke or replace the existing appointment depending on the laws that apply.

Can I just tell people I changed my mind?

Verbal instructions may not be enough. Formal documents are usually needed to clearly change a guardianship appointment.

Should I tell my old guardian?

It is often sensible to notify the previous guardian and update anyone who holds copies of the old document.

When should I review my guardianship documents?

Many people review guardianship documents after health changes, relationship changes, aged care decisions or changes in personal wishes.

Sources and Additional Information

Related Resources

Disclaimer: This article provides general information only and does not constitute legal, financial or professional advice. Guardianship laws vary between Australian states and territories.