Can I appoint someone to make medical and guardianship decisions for me in Australia?
Yes, you can. In this video, Kevin explains how to appoint someone to make medical, healthcare, and guardianship decisions on your behalf if you lose capacity, including decisions about where you live and what services you access. He covers why the document’s name and the scope of the appointed person’s powers depend on your state or territory. These appointments are one piece of a bigger checklist; watch the most important things to sort out before you die in the video above’s companion answer.
Read the video transcript
You can also appoint an individual to make medical or healthcare decisions on your behalf. The name of the document and the types of decisions that they may be able to make will depend on what state of Australia that you live in. Similarly, you can appoint someone to make guardianship decisions on your behalf when you are unable to make those decisions yourself. Commonly, that decision includes where you live, what services you access, and restricting visitors if it is in your best interests. Again, the name of the document and the scope of the powers that the appointed person will have depends on what state of Australia you live in. A testamentary guardian can be appointed in your Will and is a clear expression of your wish as to who is to look after your children in the event that you pass away prior to them attaining the age of 18. On occasion, disputes may arise as to who has the care of the children. In those cases, having specified in your Will who you wish to be their guardian can influence the outcome of any decision made by a court.
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