Appoint an Enduring Guardian
It’s Quick and Easy!
What Is an Enduring Guardian?
In NSW, an Enduring Guardian is a person you legally appoint to make important personal, lifestyle, and medical decisions on your behalf if you lose the capacity to make them yourself.
Unlike a Power of Attorney, which deals with financial matters, an Enduring Guardian ensures that your health and wellbeing decisions are managed according to your wishes.
Whether it’s consenting to medical treatment, deciding where you should live, or choosing the kind of care you receive, an Enduring Guardian steps in when you're unable to communicate your preferences. This legal arrangement provides a safeguard, ensuring that someone you trust will advocate for your best interests and make important decisions.
What Can an Enduring Guardian Do?
An Enduring Guardian has the authority to make decisions about the following:
Medical Treatment
Consent to or refuse medical procedures, including medications, end of life decisions, surgeries or other health-related treatments.
Living Arrangements
Determine the most appropriate place for you to live, such as aged care, supported accommodation, or remaining in your own home.
Personal Services
Arrange for necessary support services, including in-home care, therapy, or rehabilitation.
Other Lifestyle Choices
Make decisions regarding day-to-day matters, such as dietary preferences or social activities, in line with your wishes.
The Importance of Having an Enduring Guardian
- 30% of Australians aged 65+ may experience conditions such as dementia, strokes, or other impairments that affect decision-making capacity.
- Without an Enduring Guardian, crucial decisions could be left in the hands of someone who may not fully understand your preferences. In some cases, if you have not made an Enduring Guardian, NCAT may appoint a guardian, such as a stranger from the Public Trustee. It also takes weeks or months to appoint a guardian through NCAT and you may be suffering in the meantime.
- Appointing an Enduring Guardian is a proactive way to ensure that if the need arises, your health and lifestyle decisions are made by someone you trust.
- Many hospitals and aged care facilities insist that you have an Enduring Guardian before they will take you as a patient.
Make The Right Choice
Tips for Appointing an Enduring Guardian
Choose Wisely
Select someone you trust and who understands your values and preferences. They should be willing and capable of making decisions on your behalf.
Have Open Discussions
Before making the appointment, talk to your potential guardian/s about your wishes and preferences and make sure they are willing to fulfill the role.
Keep Your Documents Accessible
Store the appointment document in a secure but accessible location, such as at your Solicitor's office and tell your guardian where the original is. Provide certified copies to your guardian, family members, and relevant medical professionals.
Revisit Your Choice
Life circumstances change, so periodically review your appointment to ensure your chosen guardian/s remains the best fit. Update the appointment as needed.
Be Specific in Instructions
Clearly outline any specific wishes you have regarding your care. This can include preferences for medical treatments and lifestyle choices (e.g., if you wish to be kept in a coma indefinitely, if you would like to be kept alive if you were brain dead, if you refuse to go to a certain facility, or if you refuse a certain type of treatment).
Consider Their Location and Availability
Ideally, your guardian should live nearby or be easily reachable. They should be based in NSW. This ensures they can respond promptly if needed. Probably not a good idea to appoint someone who regularly travels overseas and is often uncontactable or in a different time zone.
Review Legal Requirements
Familiarise yourself with the legal process for appointing an Enduring Guardian in your state or territory. Ensure that the appointment document meets all necessary legal criteria. Each state has a different legislation. Don't assume that an NSW Enduring Guardian will be accepted in another state. If you live or travel between different states, you may need an Enduring Guardian in multiple states or territories.
READY TO TAKE THE NEXT STEP?
Make an NSW Enduring Guardian with Wills No Frills!
It's simple and only requires you to answer a few questions. Ensure your wishes are honored and your future is secure.