Enduring Guardianship Lawyers in Sydney 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 lose the capacity to make those decisions yourself.

What is the difference between an Enduring Guardian and a Power of Attorney?

An Enduring Guardian makes decisions about your health and lifestyle, such as medical treatment and living arrangements. A Power of Attorney deals only with financial and property matters. They are separate legal roles.

What decisions can an Enduring Guardian make?

An Enduring Guardian can decide where you live, what healthcare or medical treatment you receive, and consent to personal and lifestyle services when you no longer have capacity.

Are there decisions an Enduring Guardian cannot make?

An Enduring Guardian cannot make financial decisions, change your Will, consent to marriage, or make certain restricted medical decisions unless authorised by a court or tribunal.

When does an Enduring Guardian’s authority begin?

The appointment only takes effect if and when you lose the capacity to make your own personal and lifestyle decisions. Until then, you remain in full control.

Who can I appoint as my Enduring Guardian?

You can appoint any trusted person over the age of 18, such as a spouse, adult child, family member, or close friend who understands your wishes.

Can I appoint more than one Enduring Guardian?

Yes. You may appoint more than one Guardian and specify whether they must act together or can act independently of one another.

Who cannot be appointed as an Enduring Guardian?

A person who provides you with professional care or accommodation services for a fee generally cannot be appointed as your Enduring Guardian.

Why is it important to appoint an Enduring Guardian early?

You can only appoint an Enduring Guardian while you have full mental capacity. If you lose capacity before making an appointment, it may be too late.

What happens if I lose capacity without an Enduring Guardian?

No one automatically has the legal authority to make decisions for you. A family member may need to apply to a tribunal to have a guardian appointed.

Do I need a lawyer to prepare an Appointment of Enduring Guardian?

Yes. For the document to be legally valid, it must be properly signed and witnessed by a qualified professional who confirms that you understand the appointment.

Can I give my Enduring Guardian specific instructions?

You can include clear instructions or limits in the appointment document to ensure your Guardian follows your values and wishes.

What is an Advance Care Directive?

An Advance Care Directive is a separate document that sets out your wishes for future medical treatment, which your Enduring Guardian must follow.

Does my Enduring Guardian have to accept the role?

Yes. The person you appoint must formally accept the role by signing the appointment document in the presence of a qualified witness.

Can I cancel or revoke an Enduring Guardian appointment?

You can revoke the appointment at any time as long as you still have mental capacity, using a formal revocation document.

What happens if my Enduring Guardian can no longer act?

If your Guardian dies or loses capacity, their appointment ends automatically. Appointing a substitute Guardian can help avoid gaps in decision-making.