How Often Should You Review Your Guardianship Documents?
An Enduring Guardianship document is designed to help ensure someone you trust can make important lifestyle, health and medical decisions on your behalf if you lose the capacity to make those decisions yourself.
However, creating an Enduring Guardianship document is not a one-time task that should be forgotten. Circumstances can change over time, including family relationships, health conditions, living arrangements and personal wishes.
Regularly reviewing your guardianship documents can help ensure they continue to reflect your current situation and preferences.
In this guide, we explain how often Australians should review their guardianship documents, why reviews are important and some common situations that may indicate it is time for an update.
Why Reviewing Guardianship Documents Matters
An Enduring Guardian may be responsible for making significant decisions about your care, accommodation, medical treatment and day-to-day wellbeing if you become unable to make those decisions yourself.
If your circumstances have changed since creating the document, the person you appointed may no longer be the best choice for the role.
Regular reviews can help ensure:
- Your appointed guardian is still appropriate.
- Your contact details remain current.
- Your wishes are accurately reflected.
- Your family understands your intentions.
- Your planning documents work together effectively.
How Often Should You Review Your Guardianship Documents?
A common approach is to review your guardianship documents every three to five years.
Even if nothing obvious has changed, a regular review can give you peace of mind that your arrangements still match your wishes.
You do not necessarily need to make changes every time you review the document. The purpose is to check whether the document is still suitable, whether your chosen guardian remains appropriate and whether your wishes are still clear.
When Should You Review Them Earlier?
Some life changes may mean you should review your guardianship documents sooner than planned.
Changes In Family Relationships
Family relationships can change over time. Marriage, separation, divorce, family conflict, reconciliation or the death of a loved one may affect who you would want making decisions for you.
Changes In Health
A new diagnosis, serious illness, change in mobility or decline in decision-making ability may make future care planning more urgent.
If your health has changed significantly, it may be worth checking whether your guardianship documents still reflect your preferences.
Changes In Living Arrangements
Moving home, entering retirement living, relocating closer to family or moving interstate may affect who is best placed to support you.
Your appointed guardian should generally be someone who can understand your wishes, communicate with relevant people and act in your best interests if needed.
Your Guardian’s Circumstances Change
The person you appointed may also experience changes in their own life. They may move away, become unwell, become unavailable or no longer feel comfortable taking on the role.
If your guardian’s situation changes, your documents may need to be reviewed.
You Update Other Planning Documents
Your guardianship documents should work alongside your broader future planning documents.
If you update your will, Enduring Power of Attorney or Advance Care Directive, it may be useful to review your guardianship arrangements at the same time.
What Should You Think About During A Review?
A review does not need to become a full legal project every time. In many cases, it is simply a chance to check whether the document still makes sense.
You may want to consider whether:
- Your chosen guardian is still the right person.
- Your substitute guardian is still suitable.
- Your health and care preferences have changed.
- Your family understands your wishes.
- Your documents are stored somewhere safe.
- The right people know where to find the documents.
A checklist may help you organise the review, but the main goal is to make sure your arrangements still reflect your current wishes.
Should You Tell Your Guardian After A Review?
Yes, it is usually helpful to keep your guardian informed.
If you review your documents and nothing changes, you may still want to remind your guardian where the document is stored and confirm they are still comfortable with the role.
If you make changes, it is important that outdated copies are not accidentally relied on later.
Relevant people may include:
- Your appointed guardian.
- Your substitute guardian.
- Close family members.
- Your solicitor.
- Your doctor or healthcare provider, where appropriate.
Real-Life Example
Margaret appointed her brother as her Enduring Guardian many years ago. At the time, he lived nearby and was heavily involved in her life.
Over time, her brother moved interstate and developed health problems of his own. Margaret’s adult daughter had become more involved in helping with appointments, family conversations and future care planning.
During a routine review of her planning documents, Margaret realised her daughter was now better placed to act as her guardian if decisions ever needed to be made.
Because she reviewed her documents before a crisis occurred, she had time to update her arrangements and explain her wishes clearly.
What Happens If You Never Review Your Guardianship Documents?
If guardianship documents are never reviewed, they may become outdated.
This can create confusion if the appointed guardian is no longer available, family members disagree about your wishes or your circumstances have changed since the document was created.
An outdated document may still exist, but it may not reflect your current life.
Regular reviews help reduce the chance of confusion during stressful times.
Frequently Asked Questions
Do I need to review my guardianship documents every year?
Not necessarily. Many people review their guardianship documents every three to five years, or sooner if a major life event occurs.
Can I change my Enduring Guardian?
In many cases, yes. The rules can vary between Australian states and territories, so it is important to check the requirements that apply where you live.
Should I review guardianship documents after moving interstate?
Yes. Guardianship laws are state and territory based in Australia. If you move interstate, you should check whether your existing documents are still suitable.
Should my guardian have a copy of the document?
Many people choose to give a copy to their guardian or tell them where the document is stored. This can help avoid delays if the document is ever needed.
Is guardianship the same as an Enduring Power of Attorney?
No. Guardianship usually relates to personal, lifestyle, health and medical decisions. An Enduring Power of Attorney usually relates to financial and legal decisions.
Sources
- State and territory guardianship authorities
- Legal Aid resources relating to guardianship and future planning
- Australian Government aged care information resources
Related Resources
- What Is Enduring Guardianship?
- Who Should You Appoint As Your Guardian?
- What Decisions Can An Enduring Guardian Make?
- What Happens If You Don’t Have An Enduring Guardian?
- Can You Change An Enduring Guardian?
- Enduring Guardianship vs Power Of Attorney
- Common Enduring Guardianship Mistakes
- What Is Estate Planning?
- Free Aged Care Tools
Disclaimer
This article provides general information only and is not legal advice. Guardianship laws vary between Australian states and territories. You should seek professional legal advice about your own circumstances before creating, changing or relying on guardianship documents.