Draft an enduring guardianship or representation appointment under the state Act
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft the personal or health appointment on the current state form from the instructions, with a checklist of scope, start date and witnesses still to confirm.
- What the lawyer must review
- NSW: apply the Guardianship Act 1987; eligible witness (e.g. legal practitioner, Local Court registrar)
- Include the NSW capacity certification; use a separate advance care directive where required (Vic, SA)
- Tas: apply the Guardianship and Administration Act 1995; check terminology changes from 1 September 2024
- WA: apply the Guardianship and Administration Act 1990 until replaced; reforms tabled February 2026, not in force
- Vic: check the current Act for the appointment type; use two witnesses, one authorised
- Vic: note the Medical Treatment Planning and Decisions Act 2016 covers medical treatment decisions
- Check there are no financial powers (separate instrument in most jurisdictions) or void blanket treatment refusals
- Written for / version
- Australia versionAU
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.