Transitional provisions for Enduring Powers of Guardianship forms.
Prior to 1 July, 2014, competent adults could complete an Enduring Power of Guardianship form to appoint a person of their choice to make medical and lifestyle decisions on their behalf upon losing decision-making capacity.
Enduring Powers of Guardianship completed prior to 1 July, 2014, are considered to be Advance Care Directives under the Advance Care Directives Act 2013.
Eligibility Criteria for recognition before December 31, 2015
To be recognised under the Advance Care Directives Act 2013 Enduring Powers of Guardianship forms must be signed by the person making the form (the appointer) prior to 1 July, 2014, but they also must be signed and accepted by Enduring Guardians prior to 31 December, 2015.
For an Enduring Power of Guardianship to be given legal effect after 1 July, 2014, two criteria must be met:
- Sections 1 to 4 of the Enduring Power of Guardianship form must have been completed and signed by the appointer before 1 July, 2014 and
- The remainder of the form must be completed in full before 31 December, 2015.
If the above two criteria are not met, the appointer will need to complete a new Advance Care Directive to authorise a person of their choice to make health and lifestyle decisions on their behalf upon losing decision-making capacity.
Need help?
If you have any concerns or you are not sure if an Enduring Power of Guardianship form is recognised under the Advance Care Directives Act 2013, please contact:
Legal Services Commission: 1300 366 424
Office of the Public Advocate: 8342 8200 or for country callers only – 1800 066 969