What is an Enduring
Guardian in New South Wales (NSW)?
An Enduring Guardian is similar to a Power of Attorney except that it allows a person to nominate another (or others) to make decisions about their lifestyle, health and welfare including medical decisions in circumstances where they are unable to make decisions for themselves. If you are in need of a lawyer that specialises in enduring guardian matters, contact our expert lawyers in Newcastle & Maitland, NSW.
In order to Appoint an Enduring Guardian, you will need to seek the advice of a lawyer to advise you and your selected Guardians about the implications. It is a relatively simply process however the implications can be varying.
We can advise you about your options and help you to consider the various scenarios. We will then draft the necessary documents and finalise the process for you.
Yes, you can change your mind and revoke an appointment of Enduring Guardian PROVIDED THAT you have the mental capacity to make decisions at the time you want to revoke the appointment. If you no longer have capacity then the document cannot be revoked by you. Another individual may take steps to have the appointment revoked on your behalf if it is being abused.
Assuming you have the capacity to make decisions then we can assist with drafting the necessary document and ensuring that it is served upon your Enduring Guardian. Provided the document is correctly drafted and served it will be revoked.