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:

• Visit: www.tascat.tas.gov.au/guardianship
• Call: 1800 657 500

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.