Guardianship

If the person you care for can't manage their own health affairs and living arrangements, a guardian can be legally appointed to make decisions for them.

What a guardian can do

Guardians can make decisions about:

• medical and dental treatment
• health care
• living and lifestyle arrangements
• using support services

Guardians can’t make many decisions about legal or financial matters – these decisions usually need a power of attorney. A guardian can also apply to get a power of attorney.

How is a guardian appointed

If the person you care for can still make decisions but might not be able to in the future, they should appoint an ‘enduring guardian’. They can appoint an enduring guardian at any time if they are over 18 years old and have the mental capacity to do so. The enduring guardian can act for the person when the person can’t make decisions anymore.

If the person you care for can’t make decisions, you can arrange to have a guardian appointed. A guardian will be appointed by a tribunal or similar body in a state or territory government. Each state and territory has different laws for guardianships and rules about how a guardian is appointed. These are:

• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia (in South Australia, a guardian is known as an administrator)
• Tasmania
• Victoria
• Western Australia

What you should do

It’s important to plan ahead and decide what the person you care for may need now and in the future. If the person may need a guardian in the future, it’s a good idea for them to appoint an enduring guardian when they can.

If you or the person you care for would like to appoint a guardian, you should talk with a legal service in your state or territory to see what you need to do. Legal Aid commissions in each state or territory provide free legal services.

If the person you care for has a guardian, you should keep a copy of the guardianship documents with your emergency care plan.