Public Trustee

Call 1800 068 784 Make an Appointment

Enduring Guardianship

Many people focus on planning ahead for their financial and legal affairs by making a Will and enduring power of attorney, but often do not consider what will happen if they find themselves unable to make personal and medical decisions due to illness or accident.

An enduring guardianship is a legal document that enables a person to appoint another person (the guardian) to make personal decisions if their decision-making ability is impaired. 

If you register an enduring guardianship with the Tasmanian Civil and Administration Tribunal (the Tribunal), that document will give you certainty about who will make personal decisions for you if your decision-making ability is impaired.

Your guardian may make non-financial decisions such as where you live, what services are provided to you at home and what medical treatments you receive.

Enduring guardianship only comes into effect if your decision-making ability is impaired and will only be effective during that period of impairment. Therefore, it may never become operational.

If you would like to prepare an enduring guardianship document with the Public Trustee, please fill out our appointment booking form and we’ll contact you to confirm your appointment. 

What if a guardian has not been appointed?

If you lose capacity but have not appointed an enduring guardian, decisions about medical treatment may be made on your behalf by a ‘person responsible’ who your doctor believes has sufficient personal connection with you to consent or refuse treatment on your behalf.

Alternatively, the Tasmanian Civil and Administrative Tribunal (the Tribunal) may appoint a guardian for you to make decisions such as where you live, what health care you have and who visits you. Generally, a guardian is only appointed by the Tribunal in circumstances of conflict or where some legal authority is required to promote your best interests.

For more information about making an application to the Tribunal, please go to: https://www.tascat.tas.gov.au/guardianship/process or call on 1800 657 500.

Your enduring guardian can make decisions about your health care and accommodation requirements. This includes medical treatment, whether you live in your own home or a nursing facility, who can visit you or what personal services you receive, for example home support or meals on wheels.

Your guardian is responsible for:

  • acting in accordance with any conditions or wishes expressed by you in the instrument of appointment;
  • acting in your best interests and promoting your dignity;
  • ensuring that you retain as much freedom of action and decision making as is possible; and
  • considering your wishes before making decisions for you.


Estate Planning Preparation fees (incl. GST)		Single PersonCouple
Will preparation(Appointment Includes preparing an enduring power of attorney)$140$210
Enduring power of attorney preparation(Financial matters)$140$210
Enduring guardianship preparation(Personal and medical matters)$140$210

A standard Will and enduring power of attorney are prepared free for Seniors and Australian Government Pensioner concession card holders when the Public Trustee is appointed as executor/attorney (card must be presented and only applies to one appointment in a 12-month period).

  • If you nominate Public Trustee as your executor fees will apply when we are required to administer your estate when you pass away.
  • If you nominate Public Trustee as your attorney fees will apply if we are required to manage your affairs if you lose decision-making ability or if you choose for us to manage your financial affairs.
  • Existing clients of the Public Trustee receive a 10% discount to prepare/revise new estate planning documents.
  • Fees for couples are based on the assumption instructions are similar.
  • Will (with an enduring power of attorney), enduring power of attorney and enduring guardianship preparation fees are based on the following standard appointment times
    • Single person – 1 hour to take instructions + 30 minutes to draft the documents + 30 minutes for the documents to be signed.
    • Couples – 1.5 hours to take instructions + 30 minutes to draft the documents + 30 minutes for the documents to be signed.
  • If you need more time than a standard appointment to provide your instructions and/or for us to provide advice to complete your documents, we will discuss your options with you before additional time is charged.  If required, additional time is charged at $295 per hour, billed in 6-minute units ($29.50 per unit), based on the actual time used. 
  • There is an additional Government registration fee to register an enduring guardianship and or an enduring power of attorney. If the Public Trustee is asked to register an enduring guardianship or enduring power of attorney, an administration fee of $40 is also charged per document.

View a list of all fees & charges.

We have compiled a list of the most commonly asked questions regarding enduring guardians. 

An Enduring Guardianship is a legal document that lets you choose someone you trust to make personal and medical decisions for you if you are not able to. This person is called your enduring guardian.

Your enduring guardian may make decisions about things like your health care, where you live, and your day‑to‑day care.

If you have specific wishes about your medical treatment or personal care, it is important to set these out in this document while you are still able to make your own decisions.

An Enduring Power of Attorney is a legal document that allows you to appoint someone to manage your financial affairs.

Enduring power of attorney = financial affairs

Enduring guardianship = Personal and medical affairs (non-financial) 

If you have specific wishes in regards to your medical treatment, future personal decisions and / or the person you would like to make those decisions, you should consider preparing an enduring guardianship document while you have the capacity to do so. 

If you lose the ability to make decisions and do not have an Enduring Guardianship, someone else may need to make decisions for you.

Your doctor may rely on a “person responsible”, usually someone close to you to make medical decisions on your behalf.

If there is uncertainty or disagreement, the Tasmanian Civil and Administrative Tribunal (TASCAT) may appoint a guardian to make decisions about your health care, where you live, and your personal matters.

For more information, contact TASCAT:

Choose an adult you trust who will respect and follow your wishes, such as a friend or family member. They should be someone who can speak up for you, make decisions with confidence, and work well with doctors and your loved ones. Your enduring guardian must agree to take on the role and sign the document.

You cannot appoint the Public Trustee, the Public Guardian, or anyone involved in your medical care (such as your doctor).

Your enduring guardian makes personal and medical decisions for you if you are unable to, including:

  • Where you live
  • Your health care and treatment
  • Support services you receive
  • Who you see and spend time with

You can appoint one enduring guardian or more than one to act together. You can also choose a backup enduring guardian in case your first choice cannot act.

An Enduring Guardianship is about choosing a person.

  • You appoint someone you trust to make personal and medical decisions for you if you cannot.

An Advance Care Directive (ACD) is about writing down your wishes.

  • You record what medical treatment you do or do not want, so doctors can follow your instructions.

Some people choose to have both documents. This helps make sure your wishes are clear and someone you trust can speak on your behalf.

More information can be found here.

https://www.health.tas.gov.au/publications/advance-care-directive-form

https://www.health.tas.gov.au/health-topics/palliative-care/about-palliative-care/planning-and-decisions-about-end-life

You can prepare an enduring guardianship document with the Public Trustee.

If you would like to prepare an Enduring Guardianship document on your own you can download a copy from the Tasmanian Civil and Administration Tribunal.

For further information review the Enduring Guardian’s Handbook – Information for Enduring Guardian’s in Tasmania

If you prepare an enduring guardianship document with the Public Trustee, we can assist you with witnessing the documents, but you are required to register your own document, so it has legal effect. the document can be registered at Service Tasmania for a fee.

There are strict requirements for the witnessing of an enduring guardianship. Instruments of appointment that are not appropriately witnessed may be rejected for registration or invalidated after a review by the Tasmanian Civil and Administrative Tribunal (the Tribunal).

Your guardian must have signed the instrument to indicate that he or she accepts appointment as your guardian.

Upon registration the Tribunal will return the original instrument to you.

We suggest that you store this in a secure location. You should provide a copy to your guardian(s), your care providers and to your medical practitioner.

Where can I get an Enduring Guardian form?

You can prepare an Enduring Guardianship document with the Public Trustee.

If you would like to prepare an Enduring Guardianship document on your own you can download a copy from the Tasmanian Civil and AdministrationTribunal.

For further information review the Enduring Guardian’s Handbook – Information forEnduring Guardians in Tasmania. 

More information on the fees to register an Enduring Guardianship document can be found on the Tribunals website 

All Australian States and Territories have their own legislation governing Enduring Guardianship. Some, but not all, automatically recognise a Tasmanian Enduring Guardianship Instrument of Appointment as legally valid.

If the Appointor is planning to move to another State or Territory or move around Australia, it is appropriate to find out whether that State or Territory will recognise a Tasmanian Enduring Guardianship Instrument. If it is not recognised, the Appointor may consider appointing an Enduring Guardian under the laws of that State or Territory.

Make an Appointment

Testimonial

Sign Up to receive our news

We’ll keep you informed but not overwhelmed.

Follow us

Your feedback

Give us a compliment

Tell us your complaint

Make a suggestion

Skip to content