The important difference between Power of Attorney and Power of Guardianship
At Baptistcare, we often get asked What is the difference between an Enduring Power of Attorney and an Enduring Power of Guardianship?
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29 June 2021
News
| Aged Care Homes
One of the questions we often get asked is: What is the difference between an Enduring Power of Attorney and an Enduring Power of Guardianship?
An Enduring Power of Attorney and Enduring Power of Guardianship are both legal documents that empower a person, or people, you trust to make decisions on your behalf should you not be able to.
They may sound similar, but the Office of the Public Advocate explains there is a key difference between the two types of documents.
Put simply, an Enduring Power of Attorney relates to financial and/or property decisions, while an Enduring Power of Guardianship relates to important personal, lifestyle and treatment decisions.
Enduring Power of Attorney (EPA) – financial and/or property decisions
This is an agreement that enables an adult with full legal capacity to appoint another person to make decisions on their behalf about property, financial and business matters.
The benefit of an enduring power of attorney is that, unlike an ordinary power of attorney, it will continue to operate even if you lose full legal capacity.
An Enduring Power of Attorney does not cover personal and lifestyle decisions, including decisions about treatment. Its authority is limited to decisions about your property and financial affairs.
Enduring Power of Guardianship (EPG) – personal and lifestyle decisions
This is an agreement that enables an adult with full legal capacity to appoint another person to make decisions on their behalf about personal, lifestyle and treatment matters.
Your enduring guardian could be authorised to make decisions about things such as where you live and who you live with, the support services you have access to and the treatment you receive. They can also seek and receive information on your behalf.
An Enduring Power of Guardianship does not permit your guardian to make a property or financial decisions on your behalf.
You can appoint more than one enduring guardian as joint enduring guardians. However, they must act jointly, which means they must reach an agreement on any decisions they make on your behalf.
If you plan to appoint more than one enduring guardian it is important you consider their ability to work together on your behalf.
The Office of the Public Advocate recommends you appoint no more than two joint enduring guardians. You can also substitute enduring guardians who would take over decision-making responsibilities if one or more of your enduring guardians was unable to continue in the role.
The scope of authority you give to an enduring guardian or guardians is determined by you when you make your Enduring Power of Guardianship.
When should I organise these documents, if I want to?
Both an Enduring Power of Attorney and an Enduring Power of Guardianship are made by adults with full legal capacity.
However, it is never too late to make either.
If you no longer have full legal capacity, your family can still apply to the State Administration Tribunal (SAT) to be appointed to either role.
It may be difficult to talk to your family about these things, but it’s important to make your wishes known in case you need someone to make decisions on your behalf in the future.
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