Key Takeaways
- Guardianship: Appoints someone to make personal, lifestyle, and health decisions for you.
- Enduring Power of Attorney (EPOA): Legally appoints someone to manage your finances, property, and pay for aged care services.
- Advance Care Directive: A written record of your health and end-of-life care preferences.
- Why it matters: Without these, your family may be unable to legally sign agreements or make binding decisions on your behalf.
Last updated 27/04/2026
It’s hard to think about a time when you (or an ageing parent) might not be able to manage money, sign forms or make health decisions. However, planning for that possibility is one of the most important parts of ageing well in Australia’s rights‑based aged care system.
Putting legal and care-planning documents in place early means you stay in control of who speaks for you, how decisions are made, and what kind of care you receive if your health or memory changes.
Why You Need to Plan for the Future
As we age, there’s always a risk that illness, injury or dementia could affect our ability to understand information, weigh up options and communicate decisions. None of us knows exactly when that might happen, which is why government advice is to plan ahead rather than wait for a crisis.
Early planning helps you to:
- Stay independent and in control for longer by clearly recording your wishes and deciding who can help you.
- Reduce stress on family so your loved ones don’t have to guess what you wanted or argue over decisions if things change suddenly.
- Move into aged care smoothly because having key documents ready makes it easier to register with My Aged Care, complete assessments and sign service or accommodation agreements when needed.
Under the Aged Care Act 2024 (in force since 1 November 2025), older people’s rights and preferences must be at the centre of decision‑making. The system is designed to support people to make their own decisions wherever possible and having the right documents in place protects those rights.
Decision-Making, Capacity and Your Rights
The Aged Care Act presumes that every older person has decision‑making capacity unless there is evidence to the contrary. Capacity means being able to understand information, weigh up choices and communicate a decision about things like health care, money or accommodation.
Two key groups can be involved in your decisions:
- Registered Supporters: People you nominate with My Aged Care to help you understand information, communicate with services and use the aged care system, while you still make the final decisions.
- Appointed Decision-Makers: People with formal legal authority, such as guardians or enduring attorneys, who can make decisions on your behalf under state or territory law when you no longer have capacity.
Aged care providers are required to support you to make your own decisions as much as possible, and they must check the legal authority and scope of any guardian or attorney before acting on their instructions.
Learn more about becoming a Registered Supporter.
What is Guardianship?
Guardianship is a legal arrangement that lets someone you trust make personal, health and lifestyle decisions for you if you are no longer able to make those decisions yourself.
Depending on your state or territory, an enduring guardian (or similar role) may be allowed to decide about:
- Where you live (for example, staying at home with support or moving into residential aged care).
- What community or aged care services you receive.
- Health and medical treatments, including consenting to or refusing treatment.
- Day‑to‑day lifestyle issues such as support with daily activities.
Guardians usually cannot make decisions about your money or property. That is handled by a separate Enduring Power of Attorney (EPOA) or financial administration arrangement.
If you don’t appoint a guardian and later lose capacity, a court or tribunal may need to appoint a private guardian (often a family member) or a public guardian to act in your best interests. This process can be lengthy and may result in someone you would not have chosen making decisions for you.
Types of Guardians
The terminology varies across Australia, but generally, you may see:
- Enduring Guardian: A person you appoint yourself, in advance, to make personal/health decisions if you lose capacity later.
- Private Guardian: A guardian appointed by a tribunal or court, often a family member or close friend, once you no longer have capacity.
- Public Guardian: A government-appointed official who steps in when there is no appropriate family member or friend to act.
Because of the potential for conflict and delays, government and advocacy bodies strongly encourage people to appoint their own enduring guardian while they still have capacity.
How to Appoint a Guardian
Guardianship laws are made at the state and territory level, so the forms and exact rules differ depending on where you live. The general steps are similar:
- Check your local rules: Visit your state or territory public guardian or tribunal website for the correct “enduring guardian” or equivalent form and instructions.
- Choose the right person (or people): Pick someone you trust, who understands your values, can manage complex situations, and is willing to act. You can often appoint more than one guardian.
- Complete and sign the form correctly: You must have decision‑making capacity when you sign, and witnessing requirements can be strict (e.g., requiring a solicitor or Justice of the Peace).
- Be clear about what your guardian can decide: Forms usually allow you to list the areas the guardian can manage and any conditions or limits.
- Store and share copies: Keep the original somewhere safe. Give certified copies to your guardian, your GP and key family members, and have it available for hospitals and aged care providers when needed.
State & Territory Guardian Appointment Information
What Is an Enduring Power of Attorney (EPOA)?
A power of attorney is a legal document that allows someone to make decisions on your behalf, usually about financial and property matters.
There are two main types:
- General Power of Attorney: Usually used for a set time or purpose (for example, while you are overseas) and typically stops if you lose capacity.
- Enduring Power of Attorney (EPOA): Continues to operate, or starts, if you lose capacity, so someone you trust can keep managing your affairs.
Depending on the state or territory, an enduring attorney may be able to pay bills, operate bank accounts, manage investments, buy or sell real estate, and sign legal and financial documents.
How To Set Up an Enduring Power of Attorney
The exact rules and forms differ across states and territories, so always use the local government or public trustee guidance. Generally, you will need to:
- Confirm you have capacity: You must understand what an EPOA is, what powers you are giving, and the possible risks.
- Get the correct form for your state or territory: Forms and explanatory guides are available from state public trustees, public guardians and justice departments.
- Choose your attorney(s): Choose someone who is trustworthy, financially responsible and able to act in your best interests.
- Complete, sign and have it witnessed properly: Witnessing requirements vary, but you will generally need one or more adult witnesses who are not your attorney.
- Decide when the EPOA starts: It may start immediately, on a specific date, or when you lose capacity.
- Store and share the document: Keep the original safe and give certified copies to your attorney(s), your bank, your financial adviser and aged care providers.
State & Territory EPOA Appointment Information
Quick Comparison: Which Document Does What?
Feature | Enduring Guardian | Enduring Power of Attorney (EPOA) | Advance Care Directive |
Main Purpose | Make lifestyle, health, and personal decisions. | Manage finances, property, and pay bills. | Record future health and end-of-life care preferences. |
When it applies | Only when you lose capacity. | Can start immediately or when you lose capacity. | When you cannot consent to or refuse medical treatments. |
Aged Care Example | Decides which residential aged care home you move into. | Signs the aged care contract and pays the accommodation deposit. | Tells care staff and hospitals your specific medical wishes. |
What Is Advance Care Planning?
Advance care planning is the process of thinking about, discussing and recording your wishes for future health and personal care (including at the end of life) in case you become unable to make or communicate decisions yourself.
Australian Government guidance makes clear that advance care planning is for everyone, not just those who are very unwell. It is especially important if you have a chronic or life‑limiting illness, a condition that may affect your memory or thinking, or multiple health issues.
An Advance Care Directive (sometimes called a living will) is the formal document that records your preferences for future health care, along with your values, beliefs and goals. In many states and territories, you can also use it to appoint a substitute decision-maker for health decisions.
An Advance Care Directive can include decisions such as:
- Which medical treatments you would or would not want, including life‑sustaining treatments like resuscitation, ventilation, tube feeding or dialysis.
- Your overall goals of care, for example whether you prioritise comfort and quality of life over life‑prolonging treatment if recovery is unlikely.
- Preferences about where and how you receive care, such as being cared for at home, in hospital or in a hospice where possible.
- Instructions about pain relief and comfort care, including consent to treatments aimed at keeping you comfortable.
- A statement of your personal values, beliefs and cultural or spiritual considerations to guide health decisions.
How To Make an Advance Care Directive
While the exact forms differ by state and territory, the core steps are:
- Talk to your doctor: Discuss your current health, possible future scenarios and what treatments might be offered.
- Reflect on what matters most: Think about what makes life meaningful to you, what you fear, and what you would find unacceptable in terms of quality of life.
- Use your state or territory forms: Government and organisations like Advance Care Planning Australia provide templates and guides.
- Appoint a substitute decision-maker (if allowed): Choose someone who understands your values and is willing to speak up for you.
- Sign and store it properly: Follow any witnessing rules in your state or territory. Give copies to your GP, specialist, substitute decision-maker, and family. Upload it to your My Health Record via myGov so it can be accessed in an emergency.
- Review it regularly: Update your directive when your health, relationships or preferences change.
State & Territory Advance Care Planning Information
How Planning Ahead Helps With Support at Home
Most Australians want to live independently in their own homes for as long as possible. Under Support at Home older Australians receive a budget to spend on approved services, modifications and equipment.
However, setting up and managing these services requires signing service agreements, managing budgets and paying co-contributions. If your cognitive health declines managing these tasks can become overwhelming.
By having your documents in place early:
- Your Enduring Guardian can step in to liaise with your Support at Home providers, adjust your care plan as your needs increase, and ensure you are receiving the right level of personal care or nursing.
- Your Enduring Power of Attorney (EPOA) can legally manage the financial side, ensuring your Support at Home co-contributions are paid on time from your bank account so your services are never interrupted.
- Your Advance Care Directive ensures your home care providers and family understand what treatments you would accept if your health deteriorates, helping to prevent unwanted hospital admissions.
Without these documents, family members may be legally blocked from speaking to your home care providers or adjusting your services when you need it most.
Transitioning to Residential Aged Care: Why Planning is Crucial
Moving into a residential aged care home is one of the most significant lifestyle and financial transitions you will make. If a sudden health event means you can no longer live safely at home, your family will need to act quickly to find a suitable aged care vacancy.
If you have lost decision-making capacity, entering residential aged care requires your appointed decision-makers to handle complex paperwork:
- Choosing the Home: Your Enduring Guardian has the legal authority to decide which residential aged care facility best meets your medical, cultural, and social needs.
- Signing the Contract: Your family cannot legally sign on your behalf unless they have been formally appointed as your Enduring Power of Attorney or Guardian.
- Funding the Move: Entering aged care involves significant financial decisions, such as paying a Refundable Accommodation Deposit (RAD) or Daily Accommodation Payment (DAP). An EPOA gives your trusted person the legal authority to access your bank accounts or even sell the family home to pay for your aged care accommodation.
What happens if you don’t have an EPOA or Guardian?
If you lose capacity without these documents in place, your family’s hands are tied. They will have to apply to a state tribunal to be appointed as your financial administrator and guardian. This process can take some time, so planning ahead of time can help ensure a smoother transition and give you a better chance of securing a place in your preferred aged care home.
Practical Checklist for Families
- Start the conversation early: Talk as a family about values, future living arrangements and who should be involved in decisions.
- Get legal advice where needed: Especially for complex families, significant assets or cross‑border moves, speak to a solicitor with experience in elder law or estate planning.
- Appoint key roles: Set up an Enduring Guardian for personal and health decisions and an Enduring Power of Attorney for financial decisions.
- Complete an advance care directive: Document health and end‑of‑life preferences and appoint a substitute decision‑maker.
- Register and prepare for aged care: Register with My Aged Care, keep copies of assessment letters, and understand how the Support at Home program works.
- Organise key paperwork: Keep identity documents, Medicare and Centrelink details, health summaries, and legal documents in one accessible place.
How Aged Care Decisions Can Help You (Or Your Appointed Decision-Makers)
Whether you are planning for your own future or have been appointed a decision maker to help an ageing parent, navigating the aged care system can be overwhelming.
Aged Care Decisions offers a free, independent service to help you find the right care. We take the stress out of the process by matching you with approved aged care providers who have capacity right now.
Contact us today to get your free Aged Care Provider Options Report.
Guardianship & Power of Attorney FAQs
Do I need an Enduring Power of Attorney if I already have a Will?
Yes. A Will only takes effect after your death. It does not give anyone authority to manage your money, pay aged care fees, or sign agreements while you are alive. An Enduring Power of Attorney is required for financial and legal decisions if you lose capacity.
Can my family organise aged care for me without legal documents?
Family members can help you gather information and talk to providers while you still have capacity. However, they cannot legally sign aged care agreements, consent to services or authorise payments unless they have formal legal authority, such as an Enduring Power of Attorney or guardianship appointment.
Are Guardianship and Enduring Power of Attorney the same across Australia?
Requesting an assessment while still in hospital can significantly reduce wait times. High‑urgency a
No. Guardianship and power of attorney laws are made at the state and territory level, and the names, roles, and powers differ depending on where you live. In most states, guardians make personal and health decisions, while attorneys manage financial matters. Always use the correct documents for your state or territory.
ssessments are often completed on the ward, allowing services such as transition care or Support at Home to begin shortly after discharge.
What happens if I lose capacity without an EPOA or guardian in place?
If you lose decision‑making capacity without having appointed someone, your family must apply to a tribunal or court to be formally appointed as your decision‑maker. This process can take time and may delay access to care, signing agreements or making urgent financial decisions.
Here’s how Aged Care Decisions’ FREE aged care matching service works:
