Last month we talked about the importance of having an Enduring Power of Attorney (EPOA) to manage your financial and legal affairs if you lose capacity. But there’s another equally important document many people overlook — the Appointment of Enduring Guardian.
👤 What is an Enduring Guardian?
An Enduring Guardian is someone you legally appoint to make personal, health, and lifestyle decisions on your behalf if you are no longer able to make them yourself.
While your Power of Attorney can pay bills, manage investments, or sell property, your Guardian steps in for matters such as:
🏡 Where you live (at home, retirement village, or aged care facility)
⚕️ Medical treatment you receive (or refuse)
🛠️ Services you access, such as home care or support services
🌿 Day-to-day lifestyle choices affecting your wellbeing
❗ Why it matters
Life is unpredictable. Illness, accidents, or cognitive decline can happen suddenly. Without an Enduring Guardian in place:
⏳ Important health decisions may be delayed while family members argue or apply to a tribunal for authority.
🏥 Doctors and service providers may not know who has the legal right to act for you.
📝 Your personal wishes (e.g., living arrangements or end-of-life treatment) might not be followed.
Appointing a Guardian gives certainty — you choose who will speak for you, rather than leaving it to chance.
✅ Choosing the right person
Being a Guardian is a big responsibility. When deciding who to appoint, consider:
Trustworthiness – Will they genuinely act in your best interests?
Values alignment – Do they share or respect your personal beliefs, lifestyle preferences, and cultural background?
Practical ability – Can they make difficult decisions under pressure?
Availability – Will they be able to step in when needed, even at short notice?
You can appoint more than one Guardian and specify whether they act jointly (together) or severally (individually).
🔗 How it works with other documents
It’s important to understand the distinction:
Enduring Power of Attorney (EPOA) = financial and legal decisions
Enduring Guardian = personal, health, and lifestyle decisions
Together, they ensure all aspects of your life are looked after if you lose capacity.
📝 Practical tips
Put your wishes in writing – Include preferences about medical treatment or aged care to guide your Guardian.
Review your appointment regularly – Every few years or after major life changes (marriage, divorce, family disputes).
Tell your family – Avoid confusion or conflict by making sure everyone knows who your Guardian is and what your wishes are.
No one likes to think about losing independence. But appointing an Enduring Guardian is about taking control now so that your values and preferences are respected later. It’s a simple but powerful step in any estate plan.
If you don’t yet have an Enduring Guardian in place — or if it’s been years since you reviewed your estate planning documents — now is the time to act. Speak to us and we can guide you through the process.