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In Queensland, guardianship legislation comprises the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998. Together, these Acts provide a regime for decision-making for adults with impaired capacity.
However, the key difference between the documents is that an Enduring Power of Attorney relates to financial and/or property decisions, whereas an Enduring Guardianship appointment relates to lifestyle, health, medical and other personal decisions.
Guardianship: Often necessary when someone is severely incapacitated and cannot make even basic decisions for themselves. Power of Attorney: Suitable when someone wants to plan ahead and designate someone to manage their affairs if they become incapacitated, but still retain control while they have capacity.
Where an adult has impaired capacity for a matter and has not made arrangements under the Powers of Attorney Act 1998, the Guardianship and Administration Act 2000 provides a system by which people can, either formally or informally, act as a decision-maker for that adult.
Enduring Guardianship in Queensland only takes effect when you lose the capacity to make your own personal, health, and lifestyle decisions. This capacity is determined by a qualified health professional, such as a doctor.
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