We have compiled a list of the most commonly asked questions regarding enduring guardians.
Enduring Guardianship FAQs
An enduring power of attorney is a legal document that allows you to appoint someone to manage your financial affairs.
An enduring guardianship iis a legal document that allows you to appoint someone to make your personal or medical decisions.
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.
Your guardian must be over 18 years of age. They cannot be a person who is involved in an administrative or professional capacity in your medical care or treatment (e.g. your GP). You also cannot appoint the Public Guardian or Public Trustee as your enduring guardian.
You can appoint single or joint guardians. You can also appoint an alternative guardian to make decisions on your behalf in circumstances where the original guardian is absent or incapacitated.
Your guardian should be someone you trust and who knows your wishes and preferences. They should preferably be a person who is decisive and able to advocate on your behalf to medical staff, care providers and members of your family.
An enduring guardianship document allows you to appoint a person to make important personal decisions on your behalf if you lose the ability to make decisions. You can also capture important information about your wishes and things you want to be taken into consideration if or when certain decisions need to be made.
An advance care directive (ACD) is a written document that contains your wishes and directions, so health practitioners understand what is important to you, and what medical treatments you do not want. A health practitioner is a doctor or any other person authorised to provide you with treatment or care. This document does not appoint someone to make decisions for you.
An ACD only comes into effect if you lose the ability (either permanently or temporarily) to make these decisions yourself.
In Tasmania, an ACD is legally binding. The law in Tasmania that governs ACDs is the Guardianship and Administration Act 1995.
For more information on advanced care planning for healthy dying, please refer to the Department of Health website.
https://www.health.tas.gov.au/publications/advance-care-directive-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 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. The must be 2 witnesses over 18 years of age and must not be related to you or to your guardians. 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 copies of the instrument to you. 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.