The difference between the person who’d manage your money and the person who’d speak for your care, and how to choose them well.
Last reviewed · For readers in Australia
In short
There are usually two roles: someone for your money and someone for your care.
Choose people you trust, and talk with them first.
Each state has its own forms and strict signing rules.
Most of us will never need anyone to make decisions for us. But illness, an accident or memory loss can arrive without much warning, and once you’ve lost the ability to decide, it’s too late to choose who decides for you. Putting the right people in place while you’re well is one of the quieter ways of looking after your family.
There are usually two roles to think about: someone for your money and legal affairs, and someone for your health and lifestyle. They can be the same person or different people.
Someone for your money
Moneysmart explains that a power of attorney gives someone legal authority to manage your financial and legal affairs. There are two main kinds:
A general power of attorney works for a set time, for example while you’re overseas. It ends if you lose the ability to make decisions.
An enduring power of attorney keeps working if you lose that ability. This is the one most people mean when they talk about planning ahead.
Your attorney might pay your bills, look after your bank accounts or sell property if that’s needed. In Victoria, the Office of the Public Advocate notes that you can limit the power to particular matters, and choose when it starts: straight away, or only if you lose capacity.
Someone for your care
Moneysmart describes an enduring guardian, sometimes called a medical power of attorney, as someone who makes medical and lifestyle decisions for you if you can’t: your treatment, your health care, where you live and the support you receive. They can’t make financial decisions.
The name for this role changes from state to state. In Victoria it’s a medical treatment decision maker, and the Public Advocate is clear that an enduring power of attorney there doesn’t cover medical treatment unless the same person is also appointed to that role. Other states use enduring guardian or substitute decision-maker. Our guide to advance care planning explains how this appointment sits alongside a written directive.
Choosing well
The Public Advocate calls choosing your attorney your most important decision. For the person who’d manage your money, think about someone who:
is good with money and keeps careful records
will be around and able to help when it’s needed
will act in your interests and follow the wishes you’ve shared
For the person who’d speak for your care, the Australian Government’s health department suggests someone over 18 who’ll listen to your values and be comfortable making decisions in difficult moments, and asks whether you’re confident they’d decide as you would.
You can usually name an alternate as a back-up. If there’s no one in your life you’d feel sure of, the Public Advocate notes you can appoint someone independent for financial matters, such as a lawyer or a trustee company.
What happens if no one is appointed
Moneysmart explains that without these documents, someone may need to apply to be appointed to act for you, which takes time. In the meantime, nobody may be able to get to your accounts, pay your bills or make important health decisions. In Victoria, the Public Advocate notes that the tribunal, VCAT, can appoint someone, which might be a family member, the Public Advocate or a trustee company.
Signing and witnessing
Each state sets its own rules, and they’re strict. As an example, in Victoria an enduring power of attorney needs two adult witnesses, and one must be a doctor or someone authorised to witness affidavits. A witness can’t be your relative, anyone you’re appointing or their relative, or your care worker or accommodation provider. The people you appoint also sign to accept the role.
Those are Victoria’s rules. Your own state’s forms will set out what applies to you, and your public trustee, the guardianship body in your state or a solicitor can check that everything is done properly. To make any of these documents, you need decision-making capacity at the time, and nobody else can make one on your behalf.
Reviewing your choices
Your appointments can usually be changed or cancelled while you still have decision-making capacity, following your state’s process. It’s worth looking at them again after a big change, such as a separation, the death of someone you appointed, or a move to another state, because the rules and forms differ between states. Your public trustee or the guardianship body in your state can tell you how.
Talking with the people you choose
Asking someone to take on either role is a real request. It helps to tell them what you’d want in the situations you can imagine, where your papers are, and who else knows. It’s kind to let the rest of the family know too, so nobody is surprised later. Our guide to talking with your family about the end of your life has some gentle ways to start.
These appointments sit alongside your will, which only takes effect after death. Our overview of getting your affairs in order shows how the pieces fit together.
Each fact in this guide was checked against these official pages on 23 October 2026. Rules and forms change, so please check the source for your own situation.
This is general information, not legal, financial, insurance or medical advice. For your own situation, please speak with a qualified professional or the official body named above.
