FAQs

Is my "Enduring Power of Attorney" and "Enduring Power of Guardianship" forms I have prepared in the past will be legal forever or need to be renewed at regular intervals?

The  Enduring Power of Guardianship and Enduring Power of Attorney documents that you have prepared in the past will remain legal documents (as long as they are appropriately completed and witnessed.)

While you have no legal obligation to regularly review your documents, it is a good idea to do this every couple of years to ensure that the substitute decision makers that you have appointed are happy and able to continue with the appointment.  Also, by reviewing your documents you can check if any wishes/directions  you have written directions in your document (such as end of life wishes) are up to date. 

The new Advance Care Directives legislation come into effect 1 July 2014 and will replace the Enduring Power of Guardianship but your document will remain valid under this new legislation. It will be as you had written under the new legislation

What happens when a Protected Person dies?

When a protected person dies all orders of the Guardianship Board cease.  Final responsibilities transfer to the executor of the will. If a person dies without a will legal advice may be required in order to finalise the estate.   An administrator can apply to the Guardianship Board for an extension of their powers to cover a period after the person’s death. The death of any protected person must be reported to the State Coroner. (Ph 8204 0600)

What is an advance directive?

Advance directives are legal documents which you can complete that outline your wishes for the future. You may appoint someone to make decisions on your behalf should you lose mental capacity. See our section on advance directives and fact sheet

What is mental capacity?

To have mental capacity means being able to make decisions for ourselves. We all make decisions, big and small, everyday of our lives and most of us are able to make these decisions for ourselves, although we may seek information, advice or support for the more serious or complex ones. Read More

Who can help me at a hearing?

Participants can be supported by an independent advocate, a lawyer, family members or friends. If you are under orders and are appealing those orders you may be entitled to a lawyer free of charge.