Legal

Power of Attorney vs Advance Care Directive — what's the difference?

⏱ 5 min read · Last updated April 2026

General information only. Not financial, legal or medical advice. Your situation is unique — consider speaking with an aged care specialist, financial adviser or your GP before making decisions. Information is current as at April 2026 and may change. Always verify with My Aged Care (myagedcare.gov.au) or Services Australia (servicesaustralia.gov.au) for the most current details.

Power of Attorney and Advance Care Directive are two different documents that work together. Both are essential for anyone planning for future care needs. This guide explains each one simply and why you need both.

Power of Attorney — who decides

A Power of Attorney (POA) authorises a specific person — your attorney — to make decisions on your behalf if you cannot make them yourself. There are two types:

A POA tells the system who makes the decisions.

Advance Care Directive — what they decide

An Advance Care Directive (ACD) records your personal wishes for future medical treatment and care — what you would want, what you wouldn't want, and what matters to you. It may include preferences about life-sustaining treatment, pain management, where you want to be cared for, and specific treatments you would refuse.

An ACD tells the decision-maker what decisions to make.

Why you need both

They work together. Without a POA, there may be no one with legal authority to make decisions — leading to delays, family conflict, or tribunal involvement. Without an ACD, even the best-intentioned attorney may not know what you would actually want.

Together: POA says "Sarah makes the decisions." ACD says "Here's what I want Sarah to decide." That's a complete system.

When they come into effect

An enduring POA comes into effect if and when you lose capacity — it endures beyond capacity loss. A regular POA ends if you lose capacity. Always use an enduring POA for aged care planning. An ACD takes effect when you can no longer make or communicate your own decisions.

Getting both done

Both documents can be completed using free government forms through your state's public trustee. A solicitor charges approximately $300–600 for both together. Both require witnessing — the public trustee offices guide you through this.

National ACD resource: advancecareplanning.org.au

Frequently asked questions

Can the same person hold both my financial POA and medical POA?
Yes. Many people appoint the same trusted person for both. Others separate them — a spouse for medical decisions, an adult child who is financially experienced for financial decisions. Both approaches work.
What if I disagree with what my attorney decides?
If you still have capacity, you can revoke a POA at any time. If you have lost capacity, your ACD guides what your attorney should decide — they are legally and ethically bound to act in your best interests and in accordance with your expressed wishes.

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Related guides

Power of attorney Advance care directive Enduring POA checklist

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