Cassandra's Compass
Who can decide? Next of kin, power of attorney, guardianship and supporters explained
Plain-English answers about who has legal authority in Australia, and what a Care Circle member does and does not get.
Last checked: 26 October 2026. General information only, not legal advice.
In 60 seconds
- Next of kin is a contact role. It gives no power to decide.
- Power of attorney is about money and legal matters. It does not cover medical treatment in NSW.
- Enduring guardianship covers health and lifestyle, and starts only when the person cannot decide.
- Each state uses different names. The NSW health term is person responsible.
- A registered supporter (Aged Care Act 2024) helps the older person be heard. The older person still decides.
- An advance care directive records the person's own wishes while they could still decide.
- A Care Circle gives members no legal authority. It only shares what the owner chooses to share.
Comparison table
| Role | What it covers | What it does not cover | When it starts |
|---|---|---|---|
| Next of kin | A contact role — the person a hospital or service calls first | Nothing. It gives no power to decide | Not a legal role — it never "starts" |
| Person responsible (NSW term; other states use equivalents) | Consent to medical and dental treatment when the person cannot | Money, property and lifestyle decisions | Only when the person cannot consent themselves |
| General (ordinary) power of attorney | Money and legal matters, while the person still has capacity | Health and lifestyle; it ends if the person loses capacity | While the document is in force and the person has capacity |
| Enduring power of attorney | Money and legal matters, continuing after loss of capacity | Health care and medical treatment (in NSW and most states) | When signed; continues after capacity is lost |
| Enduring guardian | Health and lifestyle decisions, as set out in the document | Money and property | Only when the person can no longer make those decisions themselves |
| Guardian appointed by a tribunal | Health and lifestyle decisions the tribunal gives them | Whatever the tribunal did not give them; usually not money | From the tribunal’s order, and only while it lasts |
| Registered supporter (Aged Care Act 2024) | Getting the person’s aged care information and helping them be heard | Deciding FOR the person — the older person still decides | When registered with the aged care provider |
| Advance care directive | The person’s own written health wishes, made while they had capacity | Anything not written in it | When made; it speaks for the person later |
| Care Circle member | Sees what the owner chooses to share | No legal authority of any kind | When they accept the owner’s invitation |
Sources (all links checked 26 October 2026)
Current peer-reviewed literature · APA 7th Edition
- [1]Aged Care Act 2024 (Cth) — about the new rights-based Act, Department of Health, Disability and AgeingView source
- [2]Department of Health, Disability and Ageing — Supporter registration policy (registered supporter types)View source
- [3]OPAN — Registered supporters (supporter, supporter lite, supporter guardian)View source
- [4]Guardianship Act 1987 (NSW) s 33A — Person responsible (AustLII)View source
- [5]NCAT — Person Responsible fact sheet (NSW Civil and Administrative Tribunal)View source
- [6]OAIC — Statutory tort for serious invasions of privacy (commenced 10 June 2025)View source
- [7]OAIC — Small business and the Privacy Act (the exemption does not cover health service providers)View source
- [8]Dementia Australia — National Dementia Helpline 1800 100 500 (24 hours, 7 days)View source
Note: This information is for educational purposes and does not replace professional medical advice. Always consult qualified healthcare professionals for diagnosis and treatment decisions. Content is informed by evidence-based Australian and international guidelines.
General information only, not legal advice. It does not replace advice from a lawyer, the Public Guardian or Public Advocate for your state, or Legal Aid. Every statement on this page was checked against the linked official sources on 26 October 2026.
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