Enduring Guardianship

An Enduring Guardian is a person appointed to make lifestyle, health, and medical decisions on behalf of another person (the appointor) if they lose the capacity to make those decisions themselves. The role of an Enduring Guardian complements the financial and legal authority granted under an Enduring Power of Attorney who manages the financial and legal affairs of an appointer. By appointing an Enduring Guardian, individuals can ensure that their personal, health, and lifestyle decisions will be made by someone they trust, according to their preferences, if they lose the capacity to make those decisions themselves.

1. Appointor: The person who appoints the Enduring Guardian.
2. Enduring Guardian: The person appointed to make decisions on behalf of the appointor. Multiple guardians can be appointed, and the appointor can specify if they are to act jointly or independently.
3. Activation: The authority of the Enduring Guardian comes into effect only when the appointor loses the capacity to make their own decisions.
4. Duration: The appointment remains in effect for as long as the appointor lacks capacity or until the appointor revokes it if they regain capacity.

1. Medical and Health Care: Decisions about medical and dental treatment, healthcare services, and consent to medical procedures.
2. Living Arrangements: Decisions about where the appointor should live, whether to move into a nursing home, or stay in their current residence.
3. Personal Services: Decisions about personal services the appointor may need, such as home care services.
4. Best Interests: The guardian must act in the best interests of the appointor.
5. Decision-Making: The guardian must make decisions that the appointor would have made themselves if they were able, respecting the appointor’s values and preferences.

1. Eligibility: The appointor must be at least 18 years old and have the capacity to
2. Written Document: The appointment must be made using the prescribed form available from NSW Trustee & Guardian or legal professionals.
3. Signatures:
   • The appointor must sign the form in the presence of an eligible witness.
   • The appointed guardian(s) must also sign the form to accept the appointment, in the presence of an eligible witness.
4. Witnesses: Both the appointor’s and the guardian’s signatures must be witnessed by an eligible witness, who must be a solicitor, barrister, registrar of the Local Court, or a qualified overseas legal practitioner. The witness cannot be the guardian, the appointor’s relative, or a person who may benefit from the appointor’s will.

1. Powers: The appointor can grant specific powers to the guardian and include any limitations or conditions. For example, the appointor might specify that the guardian can make medical decisions but not decisions about accommodation.
2. Revocation: The appointor can revoke the appointment at any time as long as they have the capacity to do so. The revocation must be in writing and communicated to the guardian and any relevant parties.

To enquire further about whether Enduring Guardianship is appropriate in your circumstances, contact Buckley lawyers on 02 9220 1737 for confidential advice.