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Q: What’s the difference between an Enduring Power of Attorney and an Appointment of Medical Decision Maker?

A: An Enduring Power of Attorney (EPOA) is a legally binding authorisation that allows someone to sign legal documents or make legal and financial decisions on another person’s behalf.

All states will deal with legal and financial matters or decision-making under an Enduring Power of Attorney. However, personal and medical matters will be dealt with differently, depending on which state or territory you reside in.

In some states and territories, the Enduring Power of Attorney also has the authority to make decisions on another person’s personal and/or medical matters. In other states, additional types of authorisation are needed to allow someone to make medical and/or personal treatment decisions on another person’s behalf.

For example, in Victoria, legal, financial and personal decisions are made under an Enduring Power of Attorney. However, medical decisions are made under an Appointment of Medical Decision Maker (AMDM). In other states however, the personal and/or medical decision-making can require separate authorisations, including an Advance Care Directive, Advance Health Directive, Health Direction Form or Enduring Guardianship.

In Queensland and the ACT, an EPOA also provides authority to make decisions on another person’s personal and medical matters, in addition to legal/financial matters. But in some other states, a different document is needed to make decisions on personal and medical matters. For example, South Australia, an EPOA covers legal/financial matters, but an Advance Care Directive is needed for personal or medical matters.  

This chart explains which document is needed for what type of matter, depending on the state or territory:

Here’s a summary:

  • In Victoria, legal, financial and personal decisions are made under an Enduring Power of Attorney. However, medical decisions come under Appointment of Medical Decision Maker (AMDM). Read our Melbourne estate planning guide for more information on other estate planning matters.
  • In NSW, personal and medical decisions are made under the appointment of an Enduring Guardian. Read our Sydney estate planning guide for more information on other estate planning matters.
  • In Queensland, all decisions (legal, financial, personal and medical) are made under an EPOA. Read our Brisbane estate planning guide for more information on other estate planning matters.
  • In South Australia, legal and financial decisions are made under an EPOA. However, personal and medical decisions are made under an Advance Care Directive.
  • In Tasmania, legal and financial decisions are made under an EPOA. However, personal and medical decisions are made under an Enduring Guardianship.
  • In the ACT, all decisions (legal, financial, personal and medical) are made under an EPOA.
  • In Western Australia, legal and financial decisions are made under an EPOA. However, personal and medical decisions are made under an Enduring Power of Guardianship.

It can be useful to have the appropriate authorisation in place if you become unwell later on, or lose the ability to make decisions or manage your financial affairs yourself.

To learn more, visit the Bare Law website or chat with our estate team for a free consultation, on 1800 959 371.

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This article is not legal advice. You should speak with your solicitor or accountant for specific advice on your personal or financial situation.