What Is Enduring Guardianship?
Many Australians are familiar with Enduring Power of Attorney (EPOA), but fewer understand Enduring Guardianship.
The two documents are often confused, yet they can serve very different purposes.
While an Enduring Power of Attorney is commonly used for financial and legal matters, Enduring Guardianship is generally used to appoint someone you trust to make certain personal, health and lifestyle decisions if you are unable to make those decisions yourself.
Why Is Enduring Guardianship Important?
Most people spend time thinking about who will manage their money, property and legal affairs if something happens to them.
However, health and lifestyle decisions can be just as important.
If you become unable to make decisions yourself, someone may need to make choices about your medical treatment, living arrangements, support services or daily care.
Enduring Guardianship allows you to choose who that person will be.
A Simple Example
Imagine your mother suffers a serious stroke and can no longer communicate her wishes.
Doctors need to discuss treatment options. Aged care services may need to be arranged. Decisions may need to be made about where she lives and what support she receives.
Many families assume a spouse or adult child can automatically make these decisions.
In reality, the legal authority to make personal and health-related decisions can vary depending on the circumstances and the laws in your state or territory.
This is why future planning documents can be important.
How Is Enduring Guardianship Different From An EPOA?
The easiest way to understand the difference is:
- An Enduring Power of Attorney is generally used for financial and legal matters.
- Enduring Guardianship is generally used for personal, health and lifestyle decisions.
Different Australian states and territories use different systems and terminology, so the exact rules can vary.
What Decisions Can An Enduring Guardian Make?
Depending on the authority granted and the laws that apply, an Enduring Guardian may be involved in decisions relating to:
- Medical treatment
- Health care services
- Living arrangements
- Support services
- Daily care decisions
The specific powers available can vary between states and territories.
Do The Rules Differ Across Australia?
Yes.
Different states and territories have different legal frameworks, forms and terminology.
Some locations use Enduring Guardianship, while others may use different documents or arrangements for personal and health decisions.
It is important to understand the requirements that apply where you live and seek professional advice where appropriate.
Frequently Asked Questions
What is Enduring Guardianship?
Enduring Guardianship is a legal arrangement that may allow a trusted person to make certain personal, health or lifestyle decisions on your behalf if you are unable to make those decisions yourself.
Is Enduring Guardianship the same as an EPOA?
No. Enduring Guardianship and Enduring Power of Attorney generally deal with different types of decisions.
Can an Enduring Guardian manage bank accounts?
Generally, financial matters are usually dealt with through an Enduring Power of Attorney rather than Enduring Guardianship.
Who should I appoint as my Enduring Guardian?
You should choose someone you trust to understand your wishes and make decisions in your best interests.
Do all states use Enduring Guardianship?
No. Different states and territories use different legal arrangements and terminology.
Sources and Additional Information
For official information and state-specific requirements, the following organisations may be helpful:
Related Resources
- What Is An Enduring Power Of Attorney?
- POA vs EPOA: What’s The Difference?
- What Happens If You Don’t Have An EPOA?
- EPOA Readiness Checklist
- Free Aged Care Tools
Disclaimer: This article provides general information only and does not constitute legal, financial or professional advice. Laws vary between Australian states and territories.