What is an Enduring Guardianship?
Enduring guardianship is a document by which you appoint and authorise one or more people to manage your welfare and life style affairs once you’ve lost your mental capacity to make decisions for yourself regarding these affairs.
What decisions can an Enduring Guardian make?
An Enduring Guardian can make decisions in such functions as:
- Your accommodation and health care needs
- Giving medical/dental consent
- Attending to other medical or life style services
However, an Enduring Guardian cannot:
- Make decisions that are against the law e.g. euthanasia
- Make or alter a Will for you
- Consent to medical or dental treatment if you are objecting
- Consent to certain medical treatment
How do I appoint an Enduring Guardian?
If you want to appoint an Enduring Guardian, you should seek legal advice in completing a form of appointment. You can appoint more than one Enduring Guardian and appoint them with different functions.
The person(s) you appoint as your Enduring Guardian(s) must sign the form to show that they understand their obligations and have agreed to be your guardian. All signatures on the form must be witnessed by an eligible witness. An eligible witness is a legal practitioner, Registrar of the Local Court, or approved officer from NSW Trustee & Guardian.
When deciding on whom to appoint, you should think about who would best understand your wishes, and who would have the skills to make good decisions for you.
If you are moving to NSW please note that the State of NSW automatically recognises Enduring Guardianship Appointments made in other states and territories.
Where should I keep my Enduring Guardianship?
We offer a secure storage of all your planning ahead documents in our Safe Custody. This ensures not only security but allows your Enduring Guardian to easily access your form of appointment as and when required.
Ensure that your Enduring Guardian has in his or her possession a certified copy of your form of appointment in case an emergency or the need arises.
Can I change or revoke (cancel) my Enduring Guardian?
While you have capacity, you can revoke (cancel) or change your Enduring Guardianship appointment by filling in a revocation form, having it witnessed and giving it to your Enduring Guardian(s).
Enduring Guardianship ends if the person who appointed the Enduring Guardian dies. An Enduring Guardianship also ends when it is revoked by:
- The person who made the appointment (while they have capacity to do so); or
- The Guardianship Division New South Wales Civil Administrative Tribunal or
- The NSW Supreme Court.
An Enduring Guardianship appointment is automatically revoked if you marry after making the appointment. A joint Enduring Guardianship appointment will end if one of the joint Enduring Guardians dies, resigns or becomes incapacitated unless you have stated clearly in the form of appointment that you want it to continue beyond these events. Your Enduring Guardian can also resign from the role by completing a notice of resignation as Enduring Guardian form.
We are here to help
Our solicitors specialise in Wills & Estates matters throughout the Central Coast, the Hunter Region and Sydney. We have the experience and expertise to guide you through the process from beginning to end to ensure your peace of mind.
If you would like assistance with your Wills & Estates documents or wish to discuss a matter of concern to you, contact one of our Wills & Estates specialists on 1300 529 444 or fill in our contact form to arrange a free conference with a solicitor today. Contact us now! 24-hour legal advice 7 days a week
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