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Powers of attorney, enduring powers of attorney and enduring guardians

If you need help managing your affairs, you can choose to give someone you know and trust, or a specialist organisation (such as the Public Trustee and Guardian in NSW) the power to make decisions for you. This will allow the person to manage your affairs when you do not want to, or are no longer able to. For example, a person may find it hard to sign documents because they have poor eyesight or unsteady hands.

Depending on your situation, this may include:

  • the power to make decisions about your financial and legal affairs
  • decisions about your lifestyle (including where you live) and what medical or health treatment you should receive.

Legal documents to become an Authorised Representative

The legal documents that you need to provide My Aged Care to become an authorised representative show us that you can legally make health, personal and lifestyle decisions for someone.

Some common legal documents that My Aged Care need include guardianship, or any of the following documents that are supported by a letter from a medical practitioner stating that the person is unable to act on their behalf:

  • enduring power of attorney (ACT, Queensland and Victoria only)
  • Advance Health Directive (or similar)
  • enduring guardianship.

You will need to send this documentation to My Aged Care with the My Aged Care ‘Appointment of a Representative’ form to become an authorised representative.

What if there is no legal representative in place?

A family member or someone you care for may no longer be able to make decisions and may have not nominated someone to act for them.

If you are the best person to act for them, you can give the following documents to My Aged Care to appoint you as an authorised representative to support the person:

  • a statutory declaration stating you are the most appropriate person to represent them and there is no formal legal representative in place, and
  • a letter from a medical practitioner stating they are unable to act on their own behalf.

Any decisions you make for someone about their aged care must be in their best interest and any information you give must be accurate and correct.

You can read more about helping someone with My Aged Care.

More information

The rules in each state and territory are different so contact the relevant authority where you live, or your legal advisor.

See information on guardianships and the role of substitute decision makers in your state or territory:

See what others have done

Last reviewed: 31 May, 2018.