Enduring Power of Attorney vs Enduring Guardianship in NSW
Published: 16 August 2026 | Last Updated: 16 August 2026
Two of the most commonly confused documents in estate planning are the enduring power of attorney and enduring guardianship. They sound similar, and both matter if you ever lose the capacity to make your own decisions, but they each cover completely different territory.
What does an enduring power of attorney cover?
An enduring power of attorney appoints someone (your “attorney”) to make financial and legal decisions on your behalf. That can include paying bills, managing bank accounts, buying or selling property, and dealing with investments. It's called “enduring” because it keeps operating even if you lose the mental capacity to make these decisions yourself.
What does enduring guardianship cover?
Enduring guardianship deals with your personal, health, and lifestyle decisions instead of your money. Your enduring guardian can be authorised to make decisions about your medical treatment, where you live, and what health and support services you receive, if you're no longer able to decide these things yourself.
Do you need both?
Generally, yes. They're complementary documents covering different parts of your life, and most people make both at the same time. Some people appoint the same person for both roles, or sometimes they’re different people, depending on who's best placed for what sort of decisions for you.
What happens if you don't have either?
If you lose capacity without an enduring power of attorney or enduring guardianship in place, your family may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for a financial management or guardianship order. That process is slower, more public, and means a tribunal, rather than you, effectively decides who takes on the role. This is often costly, unnecessary and means you lose control of deciding who is going to after you.
Getting them right
Both documents need to be prepared and signed correctly to be valid, and it's worth thinking carefully about who you appoint, what powers you give them, and when those powers should start.
By Jessica Spence | Wills and Estates | Orange NSW
This article is general information only and does not constitute legal advice. Your circumstances are unique, if you have questions about your situation, please get in touch for advice specific to you.