What is the difference of an Enduring Guardianship from an Enduring Power of Attorney for health/medical?

An enduring power of attorney for medical/health is a legal document that allows you to appoint someone to make medical and health decisions on your behalf if you become unable to do so. This can include decisions about medical treatment, medical procedures, and end-of-life care.

An enduring power of guardianship, on the other hand, is a legal document that allows you to appoint someone to make personal and lifestyle decisions on your behalf if you become unable to do so. This can include decisions about where you live, what medical treatment you receive, and who you have contact with.

So the decisions that these documents allow someone else to make on your behalf are different.

The reason why NSW does not have an Enduring Power of Guardianship is because the laws around enduring powers of attorney and guardianship are made by the individual states and territories, rather than by the federal government. As a result, the rules and requirements around these legal documents can vary between different jurisdictions.

While QLD has an Enduring power of guardianship as a legal document, in NSW, there is no specific legal document called an enduring power of guardianship. Instead, the state has a legal framework called guardianship orders that are made by the New South Wales Civil and Administrative Tribunal (NCAT) when a person is unable to make their own decisions. A guardianship order appoints a person, called a guardian, to make personal and lifestyle decisions on behalf of the person who is unable to make their own decisions.

Moreover, in LightYear Docs, you can do a NSW advance health care directive and also do an Enduring Guardianship. QLD is the only state that absorbs the role of enduring guardian - the person who can follow through on the AHCD, in the EPOA. Each other state you appoint an enduring guardian or the court will do it for you on application.

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 18/01/2024