How to Revoke an Enduring Guardian in Tasmania

Circumstances change. The person you appointed as your enduring guardian five years ago may no longer be the right choice — maybe the relationship has deteriorated, maybe they've moved interstate, maybe you've simply changed your mind about who should make personal and healthcare decisions on your behalf. Tasmania law gives you the right to revoke an enduring guardian appointment at any time, provided you still have decision-making capacity.

Here's exactly how to do it.

The legal basis

Under the Guardianship and Administration Act 1995, an appointor can revoke an enduring guardianship instrument by executing and lodging a formal Instrument Revoking the Appointment of an Enduring Guardian. You don't need to give a reason. You don't need your current guardian's consent. To revoke it yourself, you must have decision-making ability, use the required revocation instrument, have it witnessed, and have it registered.

This is important: if you've already lost capacity, you cannot revoke the appointment yourself. At that point, only TASCAT can review and potentially revoke the guardianship on application from an interested party.

Step-by-step revocation process

1. Complete the revocation instrument. The form is available from TASCAT. It identifies you (the appointor), names the guardian being revoked, and references the original instrument being cancelled.

2. Sign in front of witnesses. The same witnessing standards apply as for the original appointment: two independent adult witnesses over 18, not related to you or the guardian being revoked. Both witnesses sign the instrument.

3. Lodge through Service Tasmania. Submit the signed revocation instrument to a Service Tasmania outlet with the appropriate coversheet. The filing fee is 32 fee units — currently $62.72 for FY 2026–2027.

4. Wait for TASCAT processing. TASCAT registers the revocation and returns confirmation once it has been processed.

5. Notify the former guardian. While the revocation takes legal effect upon registration, you should inform the former guardian directly. If they don't know they've been revoked, they may continue to present themselves as your guardian to medical staff — and a hospital acting in good faith may follow their instructions until the register is checked.

The gap problem: don't revoke without a replacement

Revoking your guardian without immediately appointing a new one creates a dangerous gap. If you lose capacity during that window — even temporarily, from an accident or sudden illness — there's no designated person to make personal and healthcare decisions for you. Decisions may then fall to the statutory "person responsible" arrangements, which may not align with your preferences.

The safest approach: prepare the new appointment instrument before you lodge the revocation, and submit both through Service Tasmania on the same visit. You'll pay two fees (32 units for revocation + 45 units for the new appointment = $150.92 total for FY 2026–2027), but you reduce the risk of a gap.

What about your advance care directive?

Revoking your enduring guardian does not revoke your advance care directive. The ACD is a separate legal document, registered separately, and remains in force regardless of changes to your guardianship arrangements.

However, your new guardian will need to comply with the September 2024 requirement: they must sign a declaration confirming they've obtained, read, and understood your existing ACD. If your ACD references the old guardian by name (uncommon, but it happens in the value statements section), you may want to revoke and re-execute the ACD as well to avoid confusion.

Similarly, revoking your guardian has no effect on your enduring power of attorney. The EPOA is registered with the Land Titles Office and covers financial decisions only — it's a completely separate instrument with its own revocation process.

When TASCAT revokes a guardian without your consent

If you've lost capacity, you can't revoke the appointment yourself. But TASCAT can. Any person with a genuine interest in your welfare — a family member, a friend, a healthcare professional — can apply to TASCAT for a review of the guardianship arrangement.

TASCAT will investigate and may revoke the appointment if the guardian is:

• Failing to act in your best interests
• Making decisions that conflict with your documented wishes
• Neglecting their responsibilities
• Abusing their position (financially or otherwise)
• No longer willing or able to serve

In severe cases, TASCAT can appoint the Public Guardian to take over the role.

Timing matters

Don't wait until a crisis to revoke. If you're having doubts about your current guardian — their judgment, their availability, their willingness to follow your ACD — act while you have clear capacity and time to do it properly. A revocation lodged from a hospital bed, with capacity potentially in question, invites legal challenge.

For the complete revocation procedure, the TASCAT forms, and a same-day appointment-and-revocation checklist, see the Tasmania Advance Directive & Living Will Kit.

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