Appointing an Enduring Guardian

Appointing an Enduring Guardian can help prepare you and your family for sudden changes in circumstance. It is helpful for everybody to know who is entitled to make important decisions on your behalf when you are no longer able to make them for yourself. It is also useful for your family to know what you might have wanted in a range of common situations.

How do I appoint an Enduring Guardian?

If you are over 18, and have capacity you are able to appoint an Enduring Guardian for yourself — or you may be appointed as an Enduring Guardian for someone else.

To appoint an Enduring Guardian, a legal form of appointment needs to be completed. This form must then be signed by you and your Enduring Guardian and your signatures must be certified by a witness.

In order to appoint an Enduring Guardian you need to understand the nature and effect of the Enduring Guardianship document at the time it is made.

This means that you have 'capacity' and are able to understand that you are appointing someone to make medical, health and lifestyle decisions for you, in case you lose the ability to make decisions for yourself.

You can also revoke the appointment and appoint someone else at anytime so long as you still have the requisite capacity to do so.

The person you are appointing as you Enduring Guardian also needs to understand what the appointment means. Documents for appointing an Enduring Guardian need to be witnessed and explained to both the donors and donees by a suitably qualified solicitor.

What can my Enduring Guardian do?

Your Enduring Guardian can only make medical, health and lifestyle decisions on your behalf.

You are able to specify the functions or outline decision making areas that you give to your Enduring Guardian.

Your Enduring Guardian cannot consent to anything unlawful on your behalf and cannot:

• Create a will for you
• Vote on your behalf
• Consent to marriage
• Manage your finances or
• Make decisions contrary to your objections to medical treatment, without making an application to the Guardianship Division, NSW Civil & Administrative Tribunal to authorise medical treatment.

If you have any questions about appointing an Enduring Guardian or wish to discuss the appointment of an Enduring Guardian please get in contact and we will be more than happy to discuss this with you.

Want Help Setting Up An Enduring Guardianship in NSW?

Having an Enduring Guardian can go a long way in helping you and your family members should you lose capacity. For help and advice setting up either a General or Enduring Power of Attorney, please contact Szabo & Associates Solicitors today by calling 02 9281 5088. Alternatively, you can book a consultation by clicking here.