of enduring guardian
over 18 can appoint an enduring guardian provided
they have legal capacity.
This appointment allows your enduring guardian to
make personal and lifestyle decisions legally on
your behalf should you lose the necessary capacity.
Because the appointment operates when you are no
longer competent there are strict requirements for
signing and witnessing such a document. The category
of people who may be appointed as enduring guardians
also has exclusions.
is the difference between an Enduring Power of Attorney
and an Enduring Guardian?
Enduring Attorney handles your financial and legal
affairs and your Enduring Guardian looks after your
personal and lifestyle decisions should you become
incapacitated. You can choose the same person or
people to fulfil both roles or appoint different
people. Always check to confirm the people you would
like to appoint are happy to take on these responsible
happens with medical and dental treatment?
treatment must promote or maintain your health and
wellbeing. Where you object to particular treatment
it is not possible for your guardian to override
this. Special treatment is also out of the control
of an enduring guardian and will involve the Guardianship
an Enduring Guardian make a Will for me if I don’t
get around to doing that?
it is not within the power of an enduring guardian
to make a Will for you or alter your existing Will
I appoint more than one enduring guardian?
you can appoint more than one person and there are
a number of ways depending on what powers you want
each of them to have, and whether they are allowed
to make joint or independent decisions. You may
also wish to consider appointing an alternate enduring
happens if my alternate choice dies, resigns or
he or she becomes incapacitated?
will be no one left in the role. But if it is recognised
that you need a guardian, anyone, not just relatives,
who has a genuine concern for your welfare, can
make application to the Guardianship Tribunal to
consider another appointment.
an Enduring Guardianship different to an Advance
when you appoint an Enduring Guardian you are making
a legal appointment for a substitute person who
will make personal and lifestyle decisions for you.
There is no statute law in NSW in regard to Advance
Care Directives. This document sets out your wishes
about future medical treatment you would like, or
not like, to receive.
happens if I get married?
a Will, if you make the appointment of an Enduring
Guardian and then marry after that date it will
automatically revoke the appointment. (Marriage
will not revoke the appointment if you marry the
person you appointed as your Enduring Guardian).
We are able to assist you with your enquiries concerning
the appointment of Enduring Guardians. This may
associated with appointing an Enduring Guardianship
who cannot be appointed under Enduring Guardianship
of documents for appointment of Enduring Guardianship
of power under an existing Enduring Guardianship