What happens if I don’t have an Enduring Power of Guardianship?

If a medical decision needs to be made and you are no longer capable of consenting to treatment the doctor may consult a close family member such as a spouse, child, or parent. If you do not have any close family members then someone will need to make an application to the State Administrative Tribunal to be appointed as your guardian to make medical and lifestyle decisions for you. The State Administrative Tribunal makes decisions about whether a person needs a guardian and, if so, who is best placed to be appointed. The person appointed may not be the person you would have personally chosen. There can be a waiting period of 6 weeks or more to attend a hearing at the State Administrative Tribunal to be appointed as a guardian.