Who Should Receive A Copy Of Your Guardianship Documents?

Creating Enduring Guardianship documents is an important step, but it is equally important to consider who should receive a copy.

If the right people do not know the documents exist or cannot access them when needed, it may become difficult to carry out your wishes.

Sharing copies with appropriate people can help reduce confusion and make important decisions easier during stressful situations.

Why Sharing Copies Matters

Guardianship documents are designed to be used if you lose decision-making capacity.

If no one knows the documents exist, family members, health professionals or support providers may not be aware of who has been appointed to make decisions.

Making sure the right people have access can help avoid unnecessary delays.

Who Should Usually Receive A Copy?

The right people will depend on your circumstances, but common choices may include:

Your appointed Enduring Guardian
Your substitute or backup guardian (if applicable)
Your spouse or partner
Trusted adult children
Your solicitor or legal adviser
Your doctor or health care provider
Anyone else directly involved in your future care planning

Your Appointed Guardian

Your appointed guardian should usually have a copy of the document.

This helps them understand their role, responsibilities and the decisions they may be asked to make in the future.

It also provides evidence of the appointment if their authority needs to be confirmed.

Your Family

Many people choose to provide copies to trusted family members.

This does not necessarily mean sharing every detail with everyone.

However, key family members often benefit from knowing that guardianship arrangements exist and who has been appointed.

Your Doctor Or Health Care Team

Some people choose to provide copies to their doctor or health care provider.

This may help ensure important information is available if health decisions need to be made in the future.

Requirements and practices can vary depending on the organisation and location.

Your Solicitor

If a solicitor assisted with the documents, they may retain a copy as part of their records.

Even if they did not prepare the document, some people choose to keep a copy with their legal records for safekeeping.

Where Should The Original Be Stored?

The original document should generally be stored in a safe and accessible location.

Family members and appointed decision-makers should know where the original document is kept.

A document that cannot be found may be difficult to use when needed.

A Real-Life Example

Imagine an older person appoints an Enduring Guardian but never tells anyone about the document.

Years later, a serious health event occurs and family members need to make decisions.

Because no one knows where the document is stored, valuable time is spent searching for paperwork instead of focusing on care decisions.

Providing copies to key people earlier may have helped avoid unnecessary stress.

Should You Keep Digital Copies?

Many people choose to keep digital copies alongside paper copies.

Electronic copies may provide an additional backup and make documents easier to access if needed.

However, original documents may still be important depending on the circumstances and applicable laws.

Do The Rules Differ Across Australia?

Yes.

Enduring Guardianship laws, document requirements and terminology vary between Australian states and territories.

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

Frequently Asked Questions

Who should receive a copy of my guardianship documents?

Many people provide copies to their appointed guardian, trusted family members, solicitor and relevant health care providers.

Should my guardian have a copy?

Yes. The appointed guardian should usually have access to the document and understand their role.

Should my doctor have a copy?

Some people choose to provide copies to health care providers, particularly where future health decisions may be involved.

Where should I store the original document?

The original should generally be stored in a safe location that trusted people can access when required.

Can I keep digital copies?

Many people keep digital copies as a backup, although original documents may still be important.

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.