Understanding the Enduring Power of Attorney and Enduring Guardianship?

June 24, 2024    Wills Lawyers Perth
Understanding the Enduring Power of Attorney and Enduring Guardianship?

There are a number of things that you can face in life. Some are enjoyable, while others are not. A will comes into effect after an individual passes away. However, what will you do if you lose your mental ability to decide while you are still breathing? In these cases, enduring power of attorney and the enduring power of guardianship in Perth will help you.

Both these documents help to protect a person in different ways. In this blog, we will learn the difference between them and how they can be useful. So, let’s continue reading to learn more.

What is the concept of Enduring Guardianship?

The individual entrusted with this responsibility is legally appointed to make everyday living decisions for the appointer who is unable to do so. This person is usually a patient who is unable to make decisions for themselves due to illness or old age. The term “enduring” here implies that the responsibility they need to take is prolonged and generally till the death of either party.

Who can be this guardian?

An enduring guardian must be above the age of 18 years old. They must understand the responsibility of the person and must not do it for a commercial motive. The appointer must trust these individuals and know them well, as they will make decisions on their behalf.

What is the concept of Enduring Power of Attorney?

POA is a legal document that gives the nominated individual the right to make financial decisions on the appointee’s behalf. They are allowed to make decisions only if the person appointing them is incapable of doing so. Like the enduring guardian, this concept is useful in old age or illness. However, the appointee can only make financial decisions like paying bills and sales and purchasing property.

Who can have this POA?

This individual must be 18 years of age and must not have financial goals to achieve when taking responsibility for the appointer. Apart from this, this person must also have a sound knowledge about finances as they will be managing the same. Before choosing an attorney, you need to talk to wills and estates lawyers in Perth.

Difference between enduring power of attorney and guardianship

Both these documents may look similar on the surface, but they have different responsibilities. The person with the power of attorney can make financial and legal decisions on behalf of the appointer. At the same time, the guardian can make lifestyle and healthcare decisions on behalf of the nominee. However, when deciding between choosing one or the other, it is advisable to look into your circumstances and needs.

Is having a will enough?

This document sets out the distribution of assets when you pass away. However, it does not allow individuals to make decisions for you while you are alive and lose the mental capacity to make one. To choose an individual who can make financial decisions on your behalf, you can take the advice of a power of attorney lawyer in Perth.

Do I need to appoint these people?

In most states of Australia, both these documents are different, and having one of these does not allow you to decide on the other. You can appoint two different individuals to take the responsibilities separately.

However, if you wish for someone to manage both single-handedly, then both these documents need to be correctly made and executed. It is advisable to be careful while doing so as it vests a lot of power upon a single person. This individual must be someone you trust and believe will respect your wishes.

It is important to note that you can revoke the responsibility any time you want to. This allows you to redefine the areas in which you want to allow people to make decisions on your behalf. Apart from this, you can also choose other guardians of attorneys you want to.


We have collated all the information that can help you understand the concept of enduring guardianship and POA. Allowing authority to these nominees allows you to choose the person who will make decisions on your behalf. By taking the help of a Wills lawyer, you can create a draft to appoint the individuals who will take care of you. So contact them today and get ready for the less enjoyable things life throws at you.

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