Can I appoint someone to make medical and guardianship decisions for me in Australia?

Yes, in Australia you can appoint someone to make medical, healthcare, and guardianship decisions on your behalf if you lose capacity. You can also appoint a testamentary guardian for minor children in your will. The exact document name and the scope of the appointed person’s powers vary depending on which state or territory you live in.

Medical and healthcare decisions

Yes, you can appoint an individual to make medical and healthcare decisions on your behalf. This might include decisions about surgery, medication, aged care, and other treatment options. The specific document name depends on which state or territory you live in — it might be called a healthcare power of attorney, medical power of attorney, or something similar. Similarly, the types of decisions your appointed person can make vary by state legislation.

Creating this document allows you to express your values and preferences about healthcare. Your appointed person (often called a “healthcare attorney” or “medical proxy”) will advocate for your wishes when you can’t communicate them yourself.

Guardianship decisions

You can also appoint someone to make guardianship decisions on your behalf when you lack the capacity to make those decisions yourself. Guardianship typically covers matters like:

• Where you live
• What services and support you access
• Who can visit you
• Other decisions affecting your wellbeing

Again, the specific document name and the scope of powers available depend on your state. In some states, this might be part of a broader “enduring power of guardianship” or similar document.

Testamentary guardians for minor children

If you have children under 18, you can appoint a testamentary guardian in your will. This is a clear legal expression of who you want to care for your children if you pass away before they reach adulthood. If a dispute arises over child custody after your death, your written wishes carry significant weight in court decisions.

Why this matters

These documents ensure that people you trust — not strangers appointed by the court — make important decisions about your care and your children’s futures. Without them, your family may face uncertainty, and courts may make decisions that don’t align with your values.

Getting it right for your state

Because these documents vary by state, it’s important to ensure they’re prepared correctly according to your state’s legislation. Willed can help you create the right documents for your location, ensuring your wishes are legally recognised and your appointed people have the authority to act when needed.