Enduring Guardianship
Our Enduring Guardianship lawyers help you appoint and manage guardians with clarity and care, ensuring your health, lifestyle and personal decisions are respected and safeguarded.
- 50+ Years Experience
- Transparent Fees
- NSW & Nationwide Support
How Can We Help You?
Our Enduring Guardianship Lawyers Help Protect Your Choices For The Future
An Enduring Guardian appointment allows you to choose someone you trust to make health, lifestyle and personal decisions on your behalf if you are ever unable to make them yourself.
From medical care to living arrangements, having an Enduring Guardian ensures your wishes are documented, respected and followed. More importantly, it provides you and your loved ones with peace of mind and ensures that your wellbeing will always be safeguarded.
Why You Need An Enduring Guardian In Place
Many people prepare a Will but overlook planning for decisions made during their lifetime. An Enduring Guardian allows you to appoint someone you trust to make personal choices on your behalf if you cannot.
This may include decisions about your medical treatment, where you live, the support services you receive, or day-to-day care arrangements.
Without it, your loved ones may face complex legal hurdles or have decisions made by someone who does not fully understand your wishes.
It is a straightforward appointment that provides certainty and peace of mind when it matters most.
How Can We Help You?
Enduring Guardianship
Guiding you in appointing an Enduring Guardian to make decisions about your medical treatment, living arrangements and personal care if you are unable to do so yourself.
Revocation Of Enduring Guardian
Assisting you in revoking an Enduring Guardian so your decision-making power remains in line with your current wishes.
General Power Of Attorney
Helping you appoint someone you trust to manage your financial and legal matters for a set period while you still have decision-making capacity.
Enduring Power Of Attorney
Ensuring your financial affairs are managed responsibly by someone you trust, even if you lose the ability to make decisions.
Wills
Helping you create or update a will to ensure your estate is distributed according to your wishes and the risk of disputes is minimised.
Estate Planning
Supporting you with estate planning that organises your assets, finances, and future care so your wishes are respected and your loved ones are protected.
Protect your future with expert guidance from our compassionate Enduring Guardianship lawyers at Clarity Lawyers. Serving Newcastle, Maitland and surrounding areas, our local team helps you appoint the right person to make personal, health and lifestyle decisions on your behalf, providing security and peace of mind.
How We Work Together
Free Initial Consultation
Speak with our experienced Enduring Guardianship lawyers to discuss your situation, clarify your questions, and understand the best way to appoint someone to make decisions on your behalf.
Personalised Advice
Receive tailored guidance based on your circumstances, including clear recommendations and strategies to ensure your personal, health, and lifestyle decisions are respected.
Confident Resolution
Put your plan into action with certainty, knowing your Enduring Guardian arrangements are properly managed and your wishes are fully protected.
Samantha has been a lawyer since 2001 having followed in the steps of her father, grandfather, great-grandfather and great-great-grandfather. No one can say she didn’t know what she was getting into!
Initially admitted in 2001 as a solicitor in NSW and Australia, Samantha moved to the UK where she was admitted as a solicitor in England and Wales in 2002. After working in several different areas of the law in large London firms, she determined that family law was her calling and hasn’t looked back.
Samantha has been back in Newcastle since 2016 and has since completed her Master of Applied Law (Majoring in Family Law) ensuring that her legal knowledge is comprehensive and completely up to date.
Samantha thrives on taking people from what is sometimes one of the most vulnerable and stressful moments in their lives through to being able to plan and see a happy future ahead of them.
Outside of work Samantha has a husband, three daughters and a dachshund named Keith. They keep themselves busy in the outdoors and particularly enjoy holidays in their VW campervan.
Thanks Sam,
You were actually referred to me by one of your previous clients. Just goes to show how strong word of mouth is, especially in this town. There are now even more people running around Newcastle saying what a terrific job you do.
From my perspective, you are light years ahead of the competition. It is so good to see a professional with such great customer service, who can communicate in a calm clear manner, especially when I am usually a bit emotional. ☺
Keep up the good work Sam, I look forward to continuing to work with you on my matter.
Regards
Thanks Samantha,
I’m still feeling a little shell-shocked but slowly getting used to the idea that it is nearly all over.
Thank you for all your support – professionally and emotionally. It was a big day and I was glad you were with me throughout the entire process,
Good morning Samantha
Thank you very much for your advice and support during the last 2 years. I am pleased to have settled the matter. It's appreciated and I will highly recommend you.
Thanks again
Frequently Asked Questions
What is the difference between Power of Attorney and Enduring Guardianship?
A Power of Attorney manages financial and legal matters in professional or administrative capacity, while an Enduring Guardianship Appointment allows a person you appoint to make personal, medical and dental treatment decisions if you become unable to make decisions, guided by your enduring guardianship form.
What are the limitations of an Enduring Guardian?
An appointed enduring guardian cannot make financial decisions or act in a professional or administrative capacity. Their authority is limited to health care, medical services, dental treatment, personal services and particular decisions specified in the enduring guardianship document. Complex financial matters require a separate enduring power of attorney.
Can an enduring guardian change a Will?
No. An Enduring Guardian cannot change your will. Wills are separate legal documents, and decisions about estate distribution must be made by you while you have legal mental capacity and sound decision-making ability. The Enduring Guardianship appointment covers only health, medical decisions, lifestyle and personal decisions.
Who can be appointed as an enduring guardian?
You can appoint a close personal relationship, friend, family member or professional as an Enduring Guardian. More than one person can be chosen as your Enduring Guardian, and having joint Enduring Guardians is quite common. The person appointed must understand the Enduring Guardianship document and be willing to act in your best interests when you become unable to make your own decisions.
Can more than one guardian be appointed?
Yes. You may appoint joint Enduring Guardians to make decisions jointly and severally. This ensures that personal and health care decisions are made collaboratively or that one Enduring Guardian can act if the other is unavailable, supporting you in impaired decision-making situations.
What is a substitute Enduring Guardian?
A substitute enduring guardian is a person nominated in your enduring guardianship appointment to be a substitute decision-maker if your original guardian is unavailable or unable to act. They ensure your wishes are followed when you lose the capacity to make decisions, if your main guardian or guardians are unwell, travelling or unable to assist at that time. They can also act jointly with other Guardians and support continuity in decision-making authority.
How is an Enduring Guardianship revoked in New South Wales?
In New South Wales, an Enduring Guardianship can be revoked if the person who made the appointment of Enduring Guardian still has the capacity to make decisions. To do so, you must complete a formal revocation of the Enduring Guardian form with two eligible witnesses. Revocation may happen if your circumstances change, you wish to appoint more than one guardian, or you no longer trust or feel comfortable with your original guardian.
What happens if no enduring guardian is appointed?
If you become unable to make decisions without an Enduring Guardianship appointment, health and personal decisions may require a Guardianship Order, which may be issued through the Guardianship Division of the NSW Civil and Administrative Tribunal. In some cases, a Public Guardian may be appointed as the substitute decision maker, particularly if there is no suitable family member or friend available, or if there is a dispute. The Public Guardian ensures that decisions are made in the person’s best interests, including health care, palliative care, and other services, until an appropriate Enduring Guardian or substitute can act.
Get Clarity About Your Future From Our Enduring Guardianship Lawyers
Serving Newcastle, Maitland, Cessnock, Lake Macquarie, Maitland, Singleton and Muswellbrook, our local team will help you appoint the right person to make personal, health and lifestyle decisions on your behalf with confidence and peace of mind. Protect your future with trusted guidance from our caring, professional Enduring Guardianship lawyers.
