What is an Appointment of Enduring Guardian?

By signing an Appointment of Enduring Guardian you give someone the right to make medical, dental and lifestyle decisions on your behalf, but only when and if you lose capacity.  For example, choosing what medical treatment you receive or don’t receive, and deciding where you live e.g. retirement village or nursing home.

How do I make an Appointment of Enduring Guardian?

There is a prescribed form we would prepare.  You, and the person/s you appoint as your Enduring Guardian must sign the document in front of a solicitor, Registrar of a Local Court or an approved employee of the NSW Trustee and Guardian/the Office of the Public Guardian.

Can I limit what decisions my Enduring Guardian may make for me?

Yes, you can specify what decisions and powers you give your Enduring Guardian. For example, you can limit the power to decisions about what medical treatment you receive (including accepting or refusing medical treatment if, for example you are in a coma or on life support).

Who Should I Appoint?

Only people you trust and who will implement your wishes. For example, it may be your wish to refuse medical treatment or turn off the life support machine if you are in a coma and have suffered significant brain damage. You should appoint someone who you feel confident will respect those wishes.

When does an Appointment of Enduring Guardian end?

You can revoke it at any time. It will come to an end when you die or when your Enduring Guardian dies, loses capacity or resigns.

What if I Change my mind about who I want as my Enduring Guardian?

If you have already appointed an Enduring Guardian, and no longer want them as an Enduring Guardian, you need to inform your Enduring Guardian of the cancelling of their appointment.

If you have any questions speak to someone in our Estate Planning team.