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.