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Guardianships in Australia

If you lose capacity, an appointed guardian can protect you by supporting or managing your decision-making. Find out how guardianships work for older Australians and who can be involved.

    Last updated: 29 April 2024
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    Guardianships in your state or territory

    The laws, types and names of Guardianships in Australia are different depending on where you live. Find out what applies in your state or territory.

    QueenslandNew South WalesVictoriaTasmaniaSouth AustraliaWestern AustraliaAustralian Capital TerritoryNorthern Territory

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    The following articles are national in scope and cover a range of topics to help you prepare, plan and better resolve issues relating to Guardianships in Australia.

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    Guardianships

    Introduction to Guardianships

    A guardianship appointment aims to provide you with someone trustworthy to help you manage your affairs.

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    Guardianships

    Being a guardian

    A guardian has both the duty and the privilege of enabling another person to live life as they want, by understanding and enacting their wishes and preferences.

    Senior man in the park
    Mental health

    Having ‘capacity’

    ‘Capacity’ is a term often used when talking about a person’s ability to make decisions for themselves and understand the consequences of those decisions.

    Image of an older Asian husband and wife outside near a beach
    Guardianships

    Enduring Guardians

    Appointing an Enduring Guardian allows you to have control and ownership of your personal and lifestyle decisions if you lose capacity.

    Supported Decision-Making
    Supported decision making

    Supported decision-making

    All adults have the right to make their own decisions. If an older person can manage some, but not all, of the steps in the decision-making process, providing the right support is vital for their autonomy, dignity and wellbeing.

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    Guardianships

    Helpful terms

    The following are terms that you’ll find as you read information about guardians and trustees.

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    What is an Enduring Guardian?

    An Enduring Guardian is the person you legally appoint to make decisions about your health and lifestyle in the event y...

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    Guardianships

    Understanding the NT Guardianship of Adults Act

    This factsheet details, in plain language, the important things you need to know about the NT's Adult Guardianship Act.

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    The difference between Powers of Attorney and Enduring Guardians fact sheet
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    The difference between Powers of Attorney and Enduring Guardians fact sheet

    Many instances of financial and psychological abuse result from the misuse of Powers of Attorney, and confusion about t...

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    Guardianship Standards

    The Office of the Public Guardian in Tasmania outlines the roles and responsibilities of guardians and details how the...

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