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Enduring Guardianship

You may need someone to make health and lifestyle decisions

Enduring Guardianship

An Appointment of Enduring Guardianship gives another person (or persons) the power to make health and lifestyle decisions for you, in circumstances where you cannot make those decisions for yourself.  This includes consenting to medical treatment, deciding to withhold medical treatment (including switching off life support), deciding where you live and what other care you receive. 

Appointing someone to be your Guardian is about planning for the possibility that you may lose capacity to make your own decisions in the future (for example, from a loss of mental capacity from Alzheimers or dementia, or through an accident that leaves you physically or mentally incapable of making your own decisions).

It is important to choose the right person to be your Guardian.  You can appoint more than one Guardian, which can sometimes provide an additional level of protection and share the responsibility of making decisions on your behalf.  Typically, you would appoint your partner, children or a close family friend. 

An Appointment of Enduring Guardian does not give the Guardian the power to handle your financial affairs. For this reason, usually an Appointment of Enduring Guardian is made in conjunction with a Power of Attorney (which does deal with financial affairs).  You can appoint different people for each document.

What is involved in making an Appointment of Enduring Guardian?

Our fees for meeting with our client on one or two occasions and their Enduring Guardian on one occasion (either at the same appointment or at our office) to:

  • Discuss the client’s wishes;
  • Obtain instructions;
  • Prepare the Appointment of Enduring Guardianship;
  • Have the client sign the Appointment of Enduring Guardianship;
  • Have the Enduring Guardian sign the acceptance of the Appointment;
  • Witness the Appointment of Enduring Guardianship; and
  • Provide a bound copy of the Appointment of Enduring Guardianship.

How much does an Enduring Guardianship cost?

  • We charge a fixed fee of $120 + GST for single people, or $180 + GST for a couple. 
  • Preparing a Power of Attorney should be considered alongside other estate planning documents including preparing a Living Will, Will and Appointment of Enduring Guardian. 

Do I need an Enduring Guardian?

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