Plan Ahead With The Certainty & Support Of An Enduring Guardianship Appointment
Choosing an Enduring Guardian is an important decision that ensures your future health and personal care decisions are made by someone who understands your wishes.
Our experienced Estate Lawyers prepare the correct legal documents and guide you through the process so your wishes are documented and legally protected. We can assist you with all steps related to the appointment of an Enduring Guardian, including making arrangements if you would like to choose more than one guardian.
What Is an Enduring Guardian in New South Wales?
An Enduring Guardian is someone appointed to make personal, health and lifestyle decisions on your behalf if you lose the capacity to make them yourself. Unlike a Power of Attorney, which covers financial matters, an Enduring Guardian can decide things like medical treatment, living arrangements and care options.
If you need legal advice or assistance with appointing an Enduring Guardian, our experienced lawyers in can help you prepare the proper documents and ensure your wishes are clearly protected.
How Can We Help You?
Enduring Guardian Appointment
Preparing and witnessing the enduring guardianship document that allows you to nominate someone to make personal, health and lifestyle decisions on your behalf if you lose capacity.
Enduring Guardian Revocation
Assisting with cancelling or replacing an existing appointment of an enduring guardian, including drafting a formal revocation and ensuring the change is legally valid and properly executed.
Guardian Powers & Duties
Providing legal advice to help you understand what your Enduring Guardian can and cannot do, including limits around medical treatment, accommodation, and personal services decisions.
Guardian Disputes
Representing clients in disputes over an Enduring Guardian’s decisions or actions, particularly where there are concerns about misuse of authority or conflicts between family members.
NCAT Applications
Helping with applications to the NSW Civil and Administrative Tribunal (Guardianship Division) for the review, revocation or appointment of an enduring guardian where no appointment exists or disputes arise.
Legal Capacity Advice
Advising on whether a person has the capacity to appoint an Enduring Guardian and supporting families where there are doubts about decision-making ability.
Two Easy Ways to Get Started With Us
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Appoint An Enduring Guardian With Clarity & Confidence
Planning for the future can feel overwhelming, but our experienced Estate Planning Lawyers are here to help. We provide clear, compassionate guidance to ensure your Enduring Guardian is properly appointed and legally valid, protecting your wishes and your wellbeing should you lose capacity.
Frequently Asked Questions
What is an Enduring Guardian in New South Wales (NSW)?
An Enduring Guardian is someone you legally appoint to make decisions about your health care, lifestyle and medical treatment if you experience a temporary or permanent loss of mental capacity. The appointment of an Enduring Guardian only takes effect once you’re unable to make your own decisions.
How is an Enduring Guardian different from a Power of Attorney?
An Enduring Guardian can make medical and lifestyle decisions, such as medical and dental treatment or where you live, but not financial decisions. For financial matters, you must appoint someone under an Enduring Power of Attorney. Many people choose to appoint the same person for both roles.
When does an Enduring Guardian’s authority begin?
The authority of your appointed Enduring Guardian only begins when a medical practitioner determines you no longer have decision-making capacity. Until then, you retain complete control over your personal and health care decisions. The enduring guardian takes effect during incapacity and not before.
Who should I appoint as my Enduring Guardian?
You should appoint a person you trust to act in your best interests during potentially difficult and emotional circumstances. This might be a close friend or family member with genuine concern for your wellbeing. You may also appoint more than one person to act jointly or separately.
Can I appoint more than one Enduring Guardian?
Yes, you can appoint two or more guardians. These people may be appointed jointly (making decisions together) or separately (each with specific functions). The Guardianship Act allows flexibility in how your Enduring Guardian or guardians are appointed, depending on what suits your needs best.
How can I cancel or change my Enduring Guardian?
You may revoke your Enduring Guardian by completing a revocation form, provided you still have mental capacity. If the original Enduring Guardian dies or becomes unwilling or unable to act, you can appoint a substitute Enduring Guardian. Legal advice is strongly recommended in such situations.
What if I lose capacity without appointing an Enduring Guardian?
If you become mentally incapacitated and haven’t completed an enduring guardianship form, a family member or close friend may need to apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for a guardianship order. The Public Guardian or NSW Trustee may be appointed.
Do I need a lawyer to appoint an Enduring Guardian?
Although not mandatory, it’s wise to seek advice from a lawyer or professional acting in an administrative capacity to ensure your enduring guardian form is executed correctly. The document must be signed by an eligible witness, and errors can lead to delays in important health and lifestyle decisions.
