Whether due to a tragic accident or unexpected illness, you could become permanently or temporarily unable to manage your affairs. Appoint an enduring guardian to make personal decisions for you in the event you no longer can.
Life can change in an instant, which is why it’s so important to appoint an enduring guardian. This individual may step in to make critical lifestyle, medical, and healthcare decisions on your behalf if you are ever unable to do so.
At Turnbull Hill Lawyers, we strive to protect clients in Newcastle, Maitland, Sydney, the Central Coast and Lake Macquarie at every stage of life. Our enduring guardian lawyers provide proactive and personalised legal support to help you navigate the appointment process, reducing the risk of disputes and legal complications.
Rest assured knowing someone you trust will have the authority to act in your best interests. Book a complimentary phone consultation today.

Legal support for all enduring guardianship matters
Our experienced enduring guardian lawyers can assist you with every aspect of this appointment. Discover tailored legal advice and representation that helps you:
- Prepare and execute your own enduring guardianship documents
- Draft and submit guardianship applications
- Manage emergency guardian applications
- Understand New South Wales Civil and Administrative Tribunal (NCAT) procedures
- Present your case at guardianship Tribunal hearings with confidence
- File complaints against guardians who fail to act in your loved one’s best interests
- Access valuable resources to support your role as an enduring guardian

Enduring guardianship disputes
An enduring guardian’s role is built on trust, with the expectation that they will act in the best interests of the person they care for. Sadly, this trust can sometimes be broken. A guardian might neglect, exploit or misuse their authority, or even act in defiance of Tribunal orders.
Don’t wait when something feels wrong. If you suspect an Enduring Guardian is neglecting their responsibilities or misusing their position, you can lodge a complaint with the Tribunal to trigger an investigation.
Our guardianship lawyers are here to guide you through this delicate process. From filing a formal complaint to preparing strong supporting documentation, we’ll stand by your side to ensure the person you care about is protected and their rights are upheld.
A real-life example of enduring guardianship
Jim was in his 70s, had never married and lived by himself in a country town, outside Newcastle. He had maintained a close friendship with his next-door neighbours, Bob and Susan, for over 10 years. Jim’s only living relative was his younger sister, Barbara, who lived in Melbourne. On her rare visits to Jim’s rural property, she felt it was her right to advise him on what to do and how to live out the remainder of his life.
When Jim unexpectedly suffered from a stroke and spent many weeks in hospital, acting on her own, Barbara got in touch with Jim’s doctor and advised the doctor that Jim should be immediately moved into a nursing home. Luckily for Jim, he recovered and was allowed to go back home.
Fearing for his future, Jim discussed the situation with his doctor, lawyer, Bob and Susan. He ended up appointing Bob and Susan as his enduring guardians, which meant they would jointly be able to make decisions on his behalf related to his health and future.
Jim told his new enduring guardians that he wanted to stay at home and live independently for as long as possible. However, if he continued to decline and was no longer able to make his own decisions, he would reluctantly agree to be moved to a nursing home. He also advised them to keep Barbara in the loop regarding any decisions made on his behalf.
Situations like this can be easily avoided by signing an enduring guardian.
Enduring guardian lawyers for 55+ years
Skilled solicitors
Legal challenges can feel overwhelming, especially when they involve protecting your future or that of a loved one. Since 1969, our enduring guardian lawyers have been helping individuals navigate the complexities of these appointments without the stress.
Swift support
You can trust us to manage your case as efficiently as possible, addressing urgent concerns as they arise. Our team focuses on delivering prompt solutions that allow you to focus on what matters most with peace of mind.
Personalised advice
Every situation is unique, and we treat it that way. We take the time to understand your circumstances, including family dynamics and individual preferences, to ensure the legal advice we provide aligns with your life goals.
Empowered decision making
We provide clear, straightforward advice to help you understand your legal options and their potential outcomes. With practical guidance and transparent communication, you’ll have the confidence to make informed decisions about your or your loved one’s future.
Trusted by thousands
For half a century, countless families have placed their trust in us to guide them through life’s most significant legal matters. As a leading firm for enduring guardianship services in NSW, our reputation is built on a dedication to achieving positive outcomes.
Transparent fees
Our value-for-money enduring guardianship services offer invaluable support without hidden costs. From the beginning, we offer a clear and customised cost estimate, ensuring complete transparency over your legal expenses.
Appoint an enduring guardian in NSW
Our enduring guardian lawyers in Newcastle, Maitland, Lake Macquarie, Sydney and the Central Coast can help you make life’s most important decisions without the hassle.
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Frequently asked questions
An enduring guardian is a person you appoint to make lifestyle, health and medical decisions for you if you become incapable of directing your own personal affairs.
A guardian has several important responsibilities, including:
- Safeguarding you from harm, including neglect, abuse, or exploitation.
- Engaging with you to consider your preferences and views to the extent your decision-making abilities permit.
- Acting as a strong advocate of your best interests.
- Supporting you in being actively involved in your community to the fullest extent possible.
Appointing an enduring guardian provides peace of mind that your wishes will be respected and that decisions about your well-being will be made by someone who understands your values and preferences.
Anyone over the age of eighteen years may be appointed as an enduring guardian. Preferably it will be a spouse, child, near relative or other significant person in your life whom you trust absolutely.
You should appoint an enduring guardian as soon as possible, while you still have the legal capacity to understand the document and what you’re doing by signing it.
When a person can no longer manage essential decisions about their health, living arrangements, or daily care, and (usually) didn't appoint an enduring guardian before they lost capacity, the New South Wales Civil and Administrative Tribunal (NCAT) may issue a guardianship order. This legal directive appoints a trusted individual or organisation to step in and make decisions that prioritise the person’s well-being and dignity.
A guardianship order can authorise the appointed guardian to:
- Decide on the most appropriate accommodation to ensure safety and comfort.
- Approve or refuse medical treatments, including making decisions about withdrawing treatment if necessary.
- Enrol the individual in programs and activities that support their personal and social needs.
This order serves as a safeguard, ensuring that those who are unable to advocate for themselves are supported by a dedicated and responsible decision-maker.
An enduring guardian is permitted to make important personal decisions, such as where you live, which doctor you see, and what other services you receive. They can also give consent to medical and dental procedures, and direct any other lifestyle factor you outline in your nomination.
Importantly, an enduring guardian is not authorised to manage your finances or deal with your property.
To appoint an enduring guardian, you will need to complete a legally binding document that specifies who you want to act as your guardian.
We can assist by preparing the necessary paperwork, explaining the process, and ensuring that you and your chosen guardian sign it correctly. It’s important to do this while you still have the mental capacity to make such decisions.
Once completed, we offer to securely store the original document alongside your will and power of attorney at no charge. A copy will also be provided for your personal records. This ensures your wishes are easily accessible when needed.
When you become incapable of making your own decisions.
An enduring guardianship ends when you die, you revoke it or it is terminated by the New South Wales Civil and Administrative Tribunal.
The New South Wales Civil and Administrative Tribunal (NCAT) is the body responsible for handling disputes and reviews in a wide range of legal areas, including guardianship matters.
The NCAT plays a crucial role in resolving issues related to the care and decision-making of individuals who lack capacity, ensuring that choices are made fairly and in the best interests of the person concerned.
For guardianship cases, NCAT can:
- Appoint guardians or financial managers for individuals unable to make decisions for themselves.
- Review or revoke existing guardianship or financial management orders.
- Handle appeals concerning decisions made by the NSW Trustee and Guardian or the Public Guardian.
If you need assistance with guardianship matters, our enduring guardian lawyers can guide you through the process, represent you at NCAT, and provide expert advice tailored to your situation.
Yes. You can appeal a guardianship order by applying for review with the NCAT.
The most common reason for an appeal is a concern about procedural fairness. For instance, if you believe you were not given a proper chance to present your case or share your perspective with the Guardianship Tribunal, you may appeal the decision through NCAT.
NCAT also has the authority to review decisions made by the NSW Trustee and Guardian (NSWTG) and the Public Guardian (PG). For example, you might challenge a decision to sell a family home to cover aged care expenses.
This process ensures that decisions affecting a person’s welfare can be reconsidered if you believe they are unfair or inappropriate.
You have 28 days from the date you receive the written reasons for the decision to lodge an appeal. In some cases, this time limit may be extended, but you will need to provide valid reasons for requesting an extension.
During the appeal process at the NCAT, you are entitled to seek legal representation. A lawyer can assist you in preparing your case, ensuring your arguments are presented clearly, and advocating on your behalf throughout the proceedings.
Yes, you can change your mind after appointing an enduring guardian in New South Wales, as long as you can still understand the nature and implications of your decision.
There are a few ways you can rescind this nomination:
- Revoke the appointment: You can formally revoke your enduring guardian's authority by completing a Revocation of Enduring Guardian form. This must be signed in the presence of an eligible witness, such as a solicitor or a registrar of the local court, who can confirm your understanding of the decision.
- Make a new appointment: If you want to replace your current enduring guardian with a new one, you can create a new enduring guardian appointment document. Doing so will automatically revoke the previous appointment, though you will also need to complete a revocation of enduring guardian form.
Importantly, you must notify your current enduring guardian in writing about the revocation. If you don't, they may continue acting in their role under the assumption that their authority is still valid.
As revoking such appointments is a significant decision, we strongly recommend seeking legal advice to ensure the process is handled correctly.
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.
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.
The cost of appointing an enduring guardian through a lawyer in Australia varies depending on your specific needs and legal requirements.
At Turnbull Hill Lawyers, we offer a free initial phone consultation to discuss your situation. During this call, we’ll ask a few key questions to better understand your circumstances and what’s involved.
Based on this discussion, we’ll provide you with a detailed, personalised estimate so you have a clear understanding of the costs upfront.