Sometimes, a person cannot legally direct another person to make personal decisions on their behalf under a Power of Attorney or an Enduring Guardian. Some examples include where a person suffers from a disability that renders them incapable of making their own decisions, or where a person who once had capacity subsequently loses their capacity. 

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In the absence of a Power of Attorney or an Enduring Guardian, personal decisions can only be made on behalf of an ‘interested person’ by appointment. Typically, this is done through a state or territory’s own tribunal under their respective guardianship legislation. 

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Guardianship appointments can also be challenged where there is a concern about a decision of a guardian not being made with the interested person’s best interests. 

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If you require assistance with a guardianship application or about a guardian’s decision on behalf of another, please contact us.