---
title: "Draft an enduring guardianship or representation appointment under the state Act"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-personal-health-decision-making-appointment/australia"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-T1-R2-AU"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["AU"]
last_reviewed: "2026-09-23"
---

# Draft an enduring guardianship or representation appointment under the state Act

> 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.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-personal-health-decision-making-appointment/australia  
Last reviewed: 2026-09-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | Australia |
| Applies to | [Draft an enduring personal/health decision-making appointment](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-personal-health-decision-making-appointment.md) |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: Potential support includes organising research leads and preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope.
- What the lawyer does: Set the scope, verify the evidence, resolve exceptions and approve the final output for its intended use.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Suggested checking approach based on the task guidance. Complete the assessment for the actual tool, information and jurisdiction.
- Why: The plan reflects the described work and review requirements. Policy colours are not used to determine permission or checking.

## Checks the lawyer makes

1. Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
2. Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
3. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
4. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
5. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

## Notes

- Confirm the required checking with the responsible lawyer before work starts. The checking approach does not establish permission to use AI.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*