Enduring Guardianship 

Enduring Guardianship and Power of Attorney serve different purposes. An Enduring Power of Attorney handles financial decisions, while an Enduring Guardian makes personal decisions, such as healthcare and funeral arrangements. This ensures comprehensive coverage in your estate planning.

Creating an enduring guardianship involves filling out a document which is signed in the presence of an authorised witness. An authorised witness can be:

● An Australian legal practitioner;

● A Registrar of the NSW Local Court;

● An overseas-registered foreign lawyer; or

● An approved employee of NSW Trustee & Guardian.

The document must clearly state what decisions the guardian can make and the circumstances in which their authority becomes effective, usually when a person has lost capacity.

Choosing an Enduring Guardian is crucial. This person should be someone you trust to respect your personal decisions and act in your best interests. They can be a family member, friend, or anyone over 18 with the appropriate mental capacity. Some exceptions apply.

An Enduring Guardian can make various decisions on your behalf. These include:

● Living Arrangements: Determining where the principal will live, which could include choosing between staying at home with support, moving into a care facility, or other living arrangements.

● Health Care: Making decisions about the principal's overall health care, including selecting health care providers and approving or refusing specific types of health care.

● Medical Treatment Consent: Giving or refusing consent for medical treatments, surgeries, or other medical procedures.

● End-of-Life Care: Decisions regarding palliative care, life support, and other end-of-life treatments in accordance with the principal's wishes or advance directives.

● Diet and Personal Care: Managing aspects of the principal’s daily routine, including diet, dress, and personal care.

● Social Activities: Making decisions about the principal's participation in social, cultural, or religious activities.

● Therapy and Rehabilitation: Approving or declining various forms of therapy and rehabilitation services.

● Access to Support Services: Arranging access to support services like home nursing, meal services, or transportation for medical appointments.

● Privacy and Dignity Matters: Ensuring the principal's privacy and dignity are maintained in all aspects of care and living.

● Legal Matters Related to Personal Care: Handling legal issues directly related to the principal's personal care and well-being. ● Advance Health Directives: Following the guidelines outlined in any advance health directives provided by the principal, if applicable.

It's important to note that the scope of decisions an Enduring Guardian can make will depend on the terms specified in the Enduring Guardianship document and the laws of the relevant jurisdiction. The principal can specify and limit the powers given to their Enduring Guardian based on their personal preferences and circumstances. For this reason it is important to obtain professional legal advice so that the wishes of the principal are reflected in the Enduring Guardianship document.

Yes, as long as you have the mental capacity, you can revoke or change the appointment of your Enduring Guardian. It's important to review this decision regularly, especially after significant life changes or when the appointed guardian's circumstances change.

Seeking advice from an experienced estate lawyer is crucial in establishing an Enduring Guardianship. Our legal team can guide you through the legal requirements, ensure your document is correctly completed, and advise on complex situations, like appointing multiple guardians or making specific conditions for the guardian’s role so that your wishes are protected.

At Innova Legal we offer fixed pricing on our Enduring Guardianship services starting at just $350.00.