Enduring Guardianship
Appointments of enduring guardian under the Guardianship Act 1987 (NSW) for personal, lifestyle and medical decisions.
Planning for Future Health and Lifestyle Decisions
An enduring guardian makes decisions about your health care, accommodation and lifestyle if you lose capacity to make them yourself. Without one in place, family members may need to apply to the NSW Civil and Administrative Tribunal for guardianship orders, which takes time and can produce a result no one in the family wanted. A simple appointment now removes that risk.
What Is an Enduring Guardian?
An enduring guardian is someone you appoint under the Guardianship Act 1987 (NSW) to make personal and lifestyle decisions on your behalf if you lose the capacity to make them yourself.
Decisions an Enduring Guardian Can Make
Accommodation, health care, support services and consent to medical and dental treatment, within the limits set out in the appointment. Financial decisions remain with an attorney, not a guardian.
How an enduring guardian appointment works
Choosing and Directing Your Guardian
The role calls for someone comfortable making difficult decisions on your behalf. You can appoint joint or substitute guardians, and include specific directions on medical treatment or accommodation, or limit their authority to particular kinds of decisions.
When the Appointment Takes Effect
An enduring guardian's authority only begins if and when you lose the capacity to make the relevant decisions yourself. Until then, you continue to make your own decisions in the usual way.
Working With Other Documents
An enduring guardianship works alongside an advance care directive, which records your wishes about future treatment, and an enduring power of attorney, which deals with financial matters, together forming a complete plan for incapacity.
Revoking or Updating the Appointment
You can revoke or replace an enduring guardianship appointment at any time while you have capacity. It is worth reviewing whenever your relationships or health circumstances change.
How Shah & Co Lawyers can assist
We prepare guardianship appointments that set out exactly who should make decisions for you and how.
Enduring Guardian Appointments
Appointments under the Guardianship Act 1987 (NSW).
Joint and Substitute Guardians
Appointing more than one guardian to share or share alternately in the role.
Specific Directions
Directions on medical treatment and accommodation.
Advance Care Directives
Coordination with advance care directives prepared with treating doctors.
Revocation and Replacement
Revoking and replacing an existing appointment.
Guardianship Applications
Advice where no enduring appointment is in place.
Frequently asked questions
General information only. Every matter turns on its own facts.
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Learn moreSpeak with us about appointing an enduring guardian.
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