Appointing an Enduring Guardian

What is an “enduring guardian”?

An enduring guardian is a person you appoint to make decisions for you about your lifestyle (such as the medical or dental treatment you receive, or where you live, or what healthcare services you receive) if you become incapable of making your own decisions.

Why do I need an enduring guardian?

So that there is someone who you know and trust who can make the important lifestyle decisions for you if you become incapable of doing so.

Who can be appointed?

Anyone you choose who is over the age of eighteen years. Preferably it will be a spouse, child, near relative or other significant person in your life whom you trust absolutely.

When should I appoint an enduring guardian?

Now or soon…while you still have the legal capacity to understand the document and what you’re doing by signing it.

What can my enduring guardian do?

Make important decisions about where you live, which doctor you see, what other services you receive, give consent to medical and dental procedures or any other lifestyle decision you nominate. An enduring guardian cannot manage your finances or deal with your property.

When does an enduring guardianship start?

When you become incapable of making your own decisions.

When does an enduring guardianship end?

When you die, or you revoke it or if it is terminated by the Guardianship Tribunal.

Can I change my mind after I have appointed an enduring guardian?

Yes.

How do I appoint an enduring guardian?

By having us prepare the requisite legal document and explaining it to you, and you and your nominated enduring guardian signing it. You should get this done now, while you have the capacity to understand.

The document will be kept in our safe (free of charge) and we will provide you with a copy for your own personal records.

Why isn’t a Power of Attorney good enough by itself?

While a Power of Attorney lets your Attorney manage your finances or property, it cannot authorise someone else to make personal or lifestyle decisions for you. For example,an Attorney cannot authorise medical treatment or give consent to any medical procedures.

Should I also make a Power of Attorney?

Yes. A Power of Attorney and appointment of an Enduring Guardian complement each other. In this way people chosen by you can manage both your financial/property and personal/lifestyle affairs.

For a friendly, no-obligation chat about the benefits of appointing an enduring guardian…call Lou Pirona, Natalie Power or Lisa Roberts at Turnbull Hill Lawyers on (02) 4904 8000

Disclaimer - This article is offered for general information purposes only. It is not offered as and does not constitute specific legal advice or opinion. The accuracy of the information is not guaranteed. You should not act or rely upon any of the information contained within this article without seeking the advice of a qualified solicitor who specialises in the particular area of expertise and jurisdiction that you require.