Enduring guardianship in South Australia
Enduring guardianship in SA is now delivered through advance care directives. Here's how the role works and how to appoint.
In South Australia, what other states call ‘enduring guardianship’ is delivered through the advance care directive framework. An ACD appoints a substitute decision-maker who makes medical, dental, and lifestyle decisions for the testator if they lose capacity – the equivalent of an enduring guardian elsewhere.
The SA framework
South Australia consolidated enduring guardianship into the Advance Care Directives Act 2013 (SA). A substitute decision-maker appointed under an ACD has the combined role of advance care directive signatory and enduring guardian.
What the SDM does
Makes medical and lifestyle decisions if the testator loses capacity, within the directions set out in the ACD. Gives consent to medical treatment, refuses treatment where appropriate, decides about accommodation arrangements.
How this differs from EPA
EPA covers financial and legal decisions. SDM (under an ACD) covers medical and lifestyle decisions. Most people have both – they work alongside each other. Some appoint the same person in both roles; others split them.
Witnessing
ACD witnessing requirements are stricter than for EPAs. Specific authorised witnesses under the Act (including lawyers and certain health professionals) must certify capacity at signing.
Timing
Like EPAs, ACDs must be executed while the testator has capacity. The same timing advice applies: don't wait for crisis.
Summary
Enduring guardianship in SA is now delivered through advance care directives. Here's how the role works and how to appoint.
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Related reading
- Advance care directives in SA explained
- Advance care directive vs enduring power of attorney
- Advance care directives service
Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.