Enduring Guardianship

You may need someone to make health and lifestyle decisions if you are unable to

Enduring Guardianship

An Enduring Guardianship (also called an Appointment of Enduring Guardian) is a legal document that allows someone else to make important health and lifestyle decisions for you when you are unable to do so. This includes decisions about medical treatment, care, and where you live. It’s a smart move to have a plan in place for the possibility that you may lose capacity to make your own decisions in the future due to illness or injury.

Who should I choose to be my Enduring Guardian?

Choosing the right person to be your enduring guardian is crucial. You need to choose someone that you trust, that has capacity to assist you and that understands your wishes.

It is best to pick someone who:-

  • is willing to be your guardian
  • is easy to contact in the event that a decision needs to be made
  • can make decisions in stressful and emotional circumstances
  • understands your needs, wishes and beliefs

Your guardian will not be paid to undertake their duties.

You can appoint more than one person to share responsibility. Or you can appoint one person as a primary guardian and another person as a substitute if the primary person is unable to act. Typically, people choose their partner, children, or a close family friend.

What can my Enduring Guardian do?

Your guardian can:-

  1. Make decisions about your living arrangements and lifestyle.
  2. Make decisions about the healthcare you receive – including medical and dental treatment.
  3. Consult on any advanced care or end of life plans.

You can provide your guardian with directions on how they use their authority. You can also restrict the operation of the document until certain conditions are met – such as when a doctor certifies that you are unable to making your own affairs.

An Enduring Guardianship does not give the guardian the power to handle your financial affairs or your property. For example, the guardian cannot use this document to sell your house or transfer money from your bank account. A Power of Attorney is the document needed to allow a person to handle your financial affairs, and usually these documents are prepared together, and at the same time a Will.

Where to from here?

It is important to have this document prepared while you have the ability to do so, as it cannot be made once you have lost capacity. It is a responsible and proactive step to take to safeguard your future and give you and your family peace of mind.

No doubt you have questions, and we’re here to answer them.  Take action now to secure your future and protect your interests. Contact us today on 02 4929 4499 or book online to schedule a consultation and take the first step towards preparing your comprehensive estate plan.

What estate planning documents do I need?

Our estate planning solicitors can help you appoint an Enduring Guardian and a range of other estate planning documents.

Depending on your unique needs, you may need to include some or all of the following documents in your tailored estate plan:

  • A Will 
  • A Power of Attorney 
  • An Appointment of Enduring Guardian 
  • A Binding Death Benefit Nomination 
  • An Advance Heath Directive 
  • Life Insurance 

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