An enduring guardian is a person that is appointed to make health and lifestyle decisions on your behalf when you no longer have the capacity to make those decisions yourself.
An enduring guardianship is a legal document that allows you to appoint someone as your “enduring guardian” in the event that you were to lose capacity.
You should only appoint someone that you trust as your guardian.
You may appoint more than one guardian, and you may decide whether you wish for them to make decisions jointly (together) or severally (Separately).
Appointing an enduring guardian is not just for the elderly. Anyone from the age of 18 can appoint an enduring guardian. You can never be too prepared for the unexpected.
You can only appoint an enduring guardian while you have the capacity to make this decision. This means that you must have the capacity to understand what you are doing and the effect of this appointment.
For example, a person may lose capacity due to old age or due to an accident.
If you were to lose capacity and did not have an enduring guardian appointed, someone would need to apply to the Guardianship Tribunal to be appointed as your manager. If the tribunal does not consider there is anyone appropriate to be appointed as your manager, the tribunal may need to appoint the Public Guardian.
You can revoke an existing enduring guardianship appointment and appoint a new enduring guardian(s) at any time, so long as you have the capacity to make those decisions.
If you would like further information on how to appoint an enduring guardian, please contact our office on (02) 4944 2008 to speak to an experienced lawyer or send an email to admin@augustandclaire.com.au.
Please note – the information in this article relates to the law in New South Wales and is general information only. It should not be construed as legal advice.