Enduring Power of Attorney
and Guardianship

Enduring Power of Attorney and Guardianship

As we get older, many of us start thinking about what the future might hold. What if we lose the ability to make decisions for ourselves? Who would take care of our finances, health decisions, or day-to-day matters? These are important—and sometimes confronting—questions. That’s why setting up an Enduring Power of Attorney and a Guardianship arrangement can be one of the most empowering and thoughtful steps you take, both for yourself and your loved ones.

This page is here to walk you through everything you need to know about these two important legal tools. Whether you're planning for yourself or helping an older family member, you’ll find the guidance here friendly, easy to follow, and completely focused on making your later years secure, confident, and worry-free.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney (EPOA) is a legal document that lets you nominate someone you trust to manage your financial and legal affairs if you’re ever unable to do so. Unlike a general power of attorney—which stops being valid if you lose mental capacity—an enduring power of attorney “endures” past that point.

Your chosen attorney can pay bills, manage your bank accounts, sell or buy property, handle investments, deal with Centrelink, and act on your behalf with government agencies. But remember: this power only kicks in when you lose capacity, unless you specify otherwise.

Why Set One Up?

• It ensures your financial life is managed responsibly.
• You choose who takes control, rather than leaving it to chance or to a tribunal.
• It helps avoid family disputes or confusion in difficult times.

You don’t have to wait until you’re unwell to put this in place—in fact, it’s best done while you're fit, well, and completely capable of understanding your choices.

What Is an Enduring Guardian?

While an EPOA handles the dollars and documents, a Guardianship arrangement looks after your personal wellbeing. An Enduring Guardian is someone you appoint to make health and lifestyle decisions if you can’t. That includes choices about where you live, what health care you receive, who you see, and other day-to-day matters.

This is different from an EPOA. The two often go hand-in-hand, but they cover distinct areas of your life. And yes—you can choose different people for each role if you like.

What Decisions Can a Guardian Make?

• Deciding if you should live at home, in respite care, or a residential facility.
• Consenting to or refusing medical treatments on your behalf.
• Approving services such as physiotherapy, social work, or occupational therapy.
• Determining who you have contact with (if needed for your safety).

A guardian must act in your best interest and consider your wishes wherever possible. Their power begins only when you're assessed as lacking capacity.

How to Set Up an Enduring Power of Attorney or Guardian

Each state and territory in Australia has its own laws and processes. But generally, you will need:

• A special legal form or application (often downloadable from your state government website).
• To be over 18 and have full mental capacity at the time you make the appointment.
• A witness—usually a solicitor, medical practitioner, or Justice of the Peace.

You can set up both roles at the same time, or separately. And you can always change your mind later, as long as you have capacity.

State-by-State Overview

• Victoria: The combined document is called an “Enduring Power of Attorney” (financial and personal) and is regulated by the Office of the Public Advocate (OPA).
• New South Wales: The EPOA and Enduring Guardianship are separate. Visit NSW Trustee & Guardian for forms.
• Queensland: Uses an “Enduring Power of Attorney” form covering both personal and financial matters.
• South Australia: Separate documents. Visit the SA Advance Care Directive website for details.
• Western Australia: EPOA and Enduring Power of Guardianship are distinct, managed via the Office of the Public Advocate WA.
• Tasmania, ACT, NT: Similar principles apply, with different forms.

Who Should I Appoint?

This is one of the biggest decisions you'll make, so choose someone:

• You trust implicitly
• Who understands your values, goals, and wishes
• Who is financially literate and level-headed (for attorneys)
• Who can calmly handle stress and sensitive decisions (for guardians)

You can appoint more than one person, either jointly (they decide everything together) or severally (they can act independently). If you appoint multiple people, make sure they get along and are likely to collaborate effectively.

Legal Safeguards and Your Rights

Even though these documents give another person significant power, there are legal safeguards:

• Your attorney or guardian must always act in your best interest.
• You can include conditions or limits on their power.
• You can revoke the arrangement at any time, as long as you have capacity.
• If someone misuses their role, they can be reported and legally challenged.

Advanced Planning and Other Legal Tools

Other planning tools often go hand in hand with EPOA and guardianship:

• Wills: To manage your estate after your death.
• Advance Care Directives: These outline your preferences for future medical treatment and end-of-life care.
• Binding Death Benefit Nominations: Especially relevant for your superannuation.

Putting these tools together gives you a strong legal safety net—no matter what the future holds.

Common Concerns and Misunderstandings

Let’s clear up a few myths:

• “I don’t need one until I’m older.”
  Accidents or sudden illness can happen at any age. It’s best to be prepared.
• “My partner can just decide for me.”
  Not necessarily. Without legal authority, your spouse may not be able to access accounts or make medical decisions.
• “It’s too complicated.”
  It might seem tricky, but there’s plenty of help available—from government offices, legal aid, or community organisations.

What Happens If You Don’t Have One?

If you lose capacity without having appointed an enduring attorney or guardian, your family may need to apply to a tribunal or court to be appointed as your decision-maker. This process can be stressful, time-consuming, and might result in someone being appointed whom you wouldn’t have chosen.

Planning ahead gives you control. It also gives peace of mind to your loved ones who won’t be left guessing or going through red tape in a time of crisis.

Final Thoughts

Enduring Power of Attorney and Guardianship are two of the most important legal documents you can create to protect yourself and your family as you age. They ensure that if something happens, you’re cared for by the people you trust most—on your terms.

At Silver Lifestyle, we’re all about helping older Australians navigate life’s later chapters with confidence, clarity, and calm. If you haven’t already, take the next step today: talk to your loved ones, explore your options, and consider making these documents part of your retirement plan.

It’s your life—so make sure your voice continues to be heard, no matter what the future holds.