Planning ahead: wills, powers of attorney & enduring guardianship

Here’s a breakdown of the key legal tools that help you stay in control — now and into the future.

Enduring power of attorney: finance

This document allows you to nominate someone you trust to manage your finances if you’re no longer able to. That includes paying bills, handling banking or selling property.

You can choose when it takes effect — either straight away or only if you lose capacity.

Without this in place, even a spouse or adult child can’t legally manage your financial affairs without going to court. It’s a safeguard that gives peace of mind to you and those closest to you.

Medical decision-making — varies by state

The rules for appointing someone to make medical decisions on your behalf vary depending on where you live.

In Victoria, Queensland and some other states, you can appoint a Medical Enduring Power of Attorney (or equivalent). This person will be able to make health and treatment decisions if you’re unable to.

In New South Wales, these responsibilities are part of the Enduring Guardian role.

Enduring Guardian (NSW)

In NSW, an Enduring Guardian is someone you choose to make personal and lifestyle decisions on your behalf — like where you live, what kind of care you receive and even who can visit you. This includes medical treatment decisions, too, so you don’t need a separate medical document.

Appointing an Enduring Guardian ensures someone who knows your values and preferences can advocate for your well-being if you’re no longer able to do so yourself.

Executor of a will

Unlike the roles above, which apply while you’re still alive, an executor is only responsible for managing your affairs after your death.

Their responsibilities include:

• finding your will;
• organising the funeral;
• applying for probate, if necessary;
• notifying banks, Centrelink and other organisations;
• managing tax, debts and the distribution of your estate;
• resolving any legal claims or disputes.

It’s a job that can take many months, so it’s important to choose someone organised, trustworthy and emotionally ready to take it on.

What’s the difference?

It can be confusing to keep track of who does what, but the key distinction is timing.

• Enduring Powers of Attorney and Guardians make decisions while you’re alive, but only if you lose capacity.
• Executors step in after you’ve passed away to carry out the instructions in your will.

Who should you choose?

These roles carry serious responsibilities, so choose people you trust to act in your best interest. You might select:

• a family member or close friend;
• a solicitor or professional trustee;
• different people for different roles — or the same person, if appropriate.

It’s also a good idea to have conversations with your chosen decision-makers, so they understand your preferences ahead of time.

Final tips

• Make sure your documents are signed, up to date and easy to access.
• Check what forms and requirements apply in your state or territory.
• Seek legal advice if you’re unsure about the process.
• Review your choices every few years or after any major life changes.

Getting your plans in place today means your future care, finances and estate are in safe hands — no matter what happens.

Need help finding aged care services or planning support?
⇒ Visit AgedCareGuide.com.au to explore options near you.