Enduring Guardianship Lawyers in Sydney NSW
PBL Law Group is a leading NSW law firm specialising in appointing a trusted Guardian to ensure your wishes are legally protected.
- Expert legal guidance on enduring guardianship.
- Appoint a trusted person for your future care.
- Protecting your personal & healthcare decisions.
- Ensure your lifestyle wishes are always respected.
Speak to our NSW Enduring Guardianship Lawyers Now
We will call you within 24 hours.
Who Our NSW Enduring Guardianship Lawyers Help
Seniors & Retirees
We provide peace of mind by appointing a trusted guardian to make future health & lifestyle decisions.
Parents & Spouses
We help protect your wishes & ease the burden on your loved ones in case of unexpected illness or injury.
Individuals with Health Concerns
We provide urgent & sensitive advice to proactively appoint someone to manage your future care.
Single & Independent Individuals
We guide you in appointing a trusted person to ensure your healthcare & lifestyle wishes are legally protected.
Holistic Estate Planners
We ensure your Enduring Guardianship is seamlessly integrated with your Will & Power of Attorney.
How Our Sydney Enduring Guardianship Lawyers Can Help
Appointing a Guardian
We expertly draft valid Appointments of Enduring Guardian, ensuring your future health & lifestyle decisions are legally protected.
Advice for Guardians
We provide clear legal advice to appointed Guardians, helping them understand their important legal duties & responsibilities.
Reviewing & Revoking
We assist in formally reviewing, updating, or revoking an existing Appointment if your circumstances or wishes change over time.
Real 5-Star Client Reviews
Speak to Our Enduring Guardianship Lawyers Now
We will call you within 24 hours.
Our 4-Step Appointment Process
1
Consultation & Guidance
We discuss your wishes & provide strategic advice on appointing the right Guardian for you.
2
Drafting Your Appointment
Our lawyers meticulously draft your Enduring Guardian document to be legally sound & reflect your instructions.
3
Review & Explanation
We review the document with you, explaining each clause to ensure you fully understand the authority you are granting.
4
Formal Signing
We guide you & your chosen Guardian(s) through the formal signing & witnessing process to make your appointment valid.
Speak to our NSW Enduring Guardianship Lawyers Now
We will call you within 24 hours.
Why Choose Our Enduring Guardianship Lawyers
1
Guaranteed Legal Validity
Our drafting process creates a clear legal document that empowers your Guardian to act on your choices.
2
Sensitive & Personal Advice
We take the time to understand your values, tailoring the appointment to your specific wishes.
3
Proven Experience
Decades of experience preparing robust Appointments of Enduring Guardian to protect our clients’ wellbeing.
4
Complete Peace of Mind
Expert guidance ensuring your health & lifestyle decisions are in trusted hands, giving your family peace of mind.
Visit Our Sydney Wills & Estate Lawyers
We provide expert wills & estate planning advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in Gosford, Gorokan & Coffs Harbour.
Speak to our Sydney Enduring Guardianship Lawyers Now
We will call you within 24 hours.
We Guarantee A Legally Binding Appointment
An informal directive creates risk. Ambiguous wording can be challenged, leaving your family powerless & your wishes ignored in a crisis.
Our enduring guardianship lawyers eliminate that risk. We draft your Appointment of Enduring Guardian to be clear, unambiguous, & fully compliant with NSW law. This ensures your appointment is legally binding & must be respected by medical professionals.
Appoint Someone You Trust, Or a Tribunal Will
If you lose capacity without a valid Enduring Guardian, no one has the automatic right to make your health & lifestyle decisions—not even your spouse.
Your family would be forced into a stressful & costly application to the NCAT tribunal. The tribunal would then appoint a guardian for you, who may not be the person you would have chosen. Appointing a guardian now puts you in control.
Speak to our NSW Enduring Guardianship Lawyers Now
We will call you within 24 hours.
FAQs about Enduring Guardianship in NSW
What is an Enduring Guardian?
An Enduring Guardian is a person you legally appoint to make important personal, lifestyle, and healthcare decisions on your behalf if you ever lose the capacity to make those decisions for yourself.
What is the difference between an Enduring Guardian and a Power of Attorney?
An Enduring Guardian makes decisions about your health and lifestyle (e.g., where you live, medical treatments). An Enduring Power of Attorney makes decisions about your finances and property. They are separate legal documents covering different areas of your life.
What decisions can an Enduring Guardian make?
They can make decisions about where you live (e.g., a nursing home), the healthcare you receive, consent to medical and dental treatments, and other personal services you require.
Are there decisions an Enduring Guardian cannot make?
Yes. A Guardian cannot make financial decisions, change your Will, consent to a marriage, or make certain restricted medical decisions (like sterilisation) without specific authority from a court or tribunal.
When does the appointment of an Enduring Guardian take effect?
The appointment only becomes active if and when you lose the capacity to make your own personal and lifestyle decisions. While you have capacity, you remain in full control.
Who can I appoint as my Enduring Guardian?
You can appoint anyone over the age of 18 who you trust implicitly to respect your wishes and act in your best interests, such as a spouse, adult child, or close friend.
Can I appoint more than one Enduring Guardian?
Yes, you can appoint more than one person. You must specify if they need to make decisions together (jointly) or if they can act independently (jointly and severally).
Who cannot be my Enduring Guardian?
A person who is involved in providing you with professional care services (such as medical treatment or accommodation) for a fee cannot be appointed as your Enduring Guardian.
Why can't I wait until I need one to make an appointment?
You can only appoint an Enduring Guardian while you have full mental capacity to understand the nature of the document. If you wait until after an accident or illness causes you to lose capacity, it will be too late.
What happens if I lose capacity without an Enduring Guardian?
No one, not even your spouse, automatically has the legal right to make these decisions for you. A family member would need to apply to the NSW Civil and Administrative Tribunal (NCAT) to have a guardian appointed for you.
Do I need a lawyer to prepare an Appointment of Enduring Guardian?
Yes. To be legally valid in NSW, the appointment form must be signed by you and your appointed Guardian(s) in the presence of a qualified witness, such as a solicitor, who must certify that you understand the document.
Can I give my Enduring Guardian specific instructions?
Yes. You can place specific limits or give directions within the appointment document about the types of decisions you want your Guardian to make, reflecting your values and wishes.
What is an Advance Care Directive?
An Advance Care Directive is a separate document that outlines your specific wishes for future medical treatment. Your Enduring Guardian is legally required to follow any valid directions in your Advance Care Directive.
Does my appointed Guardian have to accept the role?
Yes. For the appointment to be valid, the person you choose must formally accept the role by signing the appointment document in the presence of a qualified witness.
How do I cancel or revoke an Appointment of Enduring Guardian?
You can revoke the appointment at any time, as long as you still have the mental capacity to do so. This must be done using a formal Revocation of Appointment of Enduring Guardian form, and you must notify your former Guardian.
What happens if my Enduring Guardian dies or loses capacity?
Their appointment automatically ends. To avoid having no one to act for you, it is wise to appoint a substitute or alternative Guardian in the original document who can step in if needed.
Can my Enduring Guardian be the same person as my Power of Attorney?
Yes. It is very common to appoint the same trusted person to handle both your financial matters (as your Attorney) and your lifestyle decisions (as your Guardian).
What is the cost of preparing an Enduring Guardianship document?
The cost depends on your specific needs. At PBL Law Group, we provide a clear fee estimate upfront for preparing this crucial part of your overall estate plan.
Does the appointment need to be registered anywhere?
No, unlike a Power of Attorney that deals with property, there is no formal registration required for an Appointment of Enduring Guardian in NSW. It should be kept in a safe place and copies given to relevant parties like your doctor.
Why is an Enduring Guardian a key part of estate planning?
While your Will deals with your assets after you die, an Enduring Guardian protects your personal wellbeing and autonomy while you are still alive but unable to make your own decisions, ensuring your care is in trusted hands.
How Our NSW Wills & Estate Lawyers Can Assist You
Wills Drafting & Review
We draft & update clear, legally sound wills to ensure your final wishes are documented & protected.
Dispute a Will
Whether a Will is invalid or just unfair, we can help. We challenge Wills on grounds of incapacity or fraud & contest Wills for a fairer provision.
Defending a Will
We represent executors & beneficiaries to defend a will’s validity against challenges or family provision claims.
Family Provision Claims
Unfairly left out of a will? We help eligible persons contest a will & claim their fair share under the Succession Act 2006 (NSW).
Domestic Estate Planning
We create tailored estate plans to safeguard your Australian assets, minimise tax & provide for your loved ones.
International Estate Planning
Our experts advise on cross-border estate planning, international wills & trusts for tax-efficient global wealth transfer.
Grant of Probate
We guide executors through the Supreme Court process to obtain a Grant of Probate, validating the will & authorising you to act.
Enduring Power of Attorney
We prepare enduring powers of attorney to manage your future financial & legal decisions.
Enduring Guardianship
We draft enduring guardianships, appointing someone to make crucial personal, lifestyle & medical decisions if you’re unable.
Testamentary Trusts
We establish effective testamentary trusts within your will for superior asset protection, tax benefits & flexible beneficiary provision.
Intestacy Law & Advice
When a loved one dies without a will, we guide families through intestacy law to ensure the lawful distribution of assets.
Letters of Administration
We assist families in applying to the Supreme Court for Letters of Administration when there is no valid will or executor.
Estate Administration
We help executors with the administration of deceased estates, ensuring the lawful & efficient collection & distribution of assets.
Advance Care Directives
We draft clear directives outlining your medical treatment & end-of-life wishes to ensure they’re respected.
Special Disability Trusts
We establish specialised trusts to provide for the long-term care & financial security of a loved one with a severe disability.
Speak to Our Enduring Guardianship Lawyers Now
We will call you within 24 hours.
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