What is an enduring guardian?
An enduring guardian is a person who is appointed to make personal, health and lifestyle decisions on behalf of another person (the appointer) if the appointer loses their physical or mental capacity to make their own decisions.
What can an enduring guardian do?
An enduring guardian can make health and lifestyle decisions for you.
More specifically, they have the power to decide:
- where you will live
- what medical treatment you are to receive.
However, if a person objects to medical treatment, an enduring guardian cannot override them.
When you appoint an enduring guardian, you can specify what functions the guardian is to exercise and any other conditions or limitations you wish to impose.
Why should you consider appointing an enduring guardian?
There are a number of reasons why you might want to appoint an enduring guardian.
First, an enduring guardian can save a lot of time and paperwork when things go wrong.
Second, appointing an enduring guardian ensures that a person you have selected and trust makes key decisions in your life (such as where you will live and what medical treatment you receive).
When does an enduring guardianship come into effect?
In NSW, an enduring guardianship only comes into effect when you are no longer capable and are ‘a person in need of a guardian’ under the Guardianship Act 1987 (NSW).
How does Monardo Solicitors approach enduring guardianship?
Are you the kind of person who likes to have their affairs in order? Would you feel more comfortable if you had an enduring guardian? Would you like a lawyer to draft this document?
At Monardo Solicitors , we like to make your life easy.
In order to ensure that preparing your enduring guardianship appointment is as efficient and cost-effective as possible, as well as ensuring that the document reflects exactly what you want, we’ve designed an enduring guardianship appointment form to simplify the process.
How does the enduring guardianship appointment form work?
Step One: Fill in the enduring guardianship appointment form
You simply fill in our enduring guardianship appointment form and send it to us via the reply button at the bottom of the page.
Step Two: We will get back to you quickly, with a quote for how much it will cost to draft your enduring guardianship appointment
We will review the information you’ve provided and give you a quote for drafting your enduring guardianship appointment, as per your instructions.
If we need any additional information or think there are any other issues, we will get in touch with you.
Step Three: We draft your enduring guardianship appointment
If you are happy with our quote and instruct us to go ahead, we will prepare a draft enduring guardianship appointment for you to review.
Step Four: You review your draft enduring guardianship appointment
You review the draft enduring guardianship appointment and let us know whether you would like any amendments made.
Step Five: We arrange for your enduring guardianship appointment to be signed and witnessed
We can also arrange for you to sign your enduring guardianship appointment and have it witnessed. We can arrange for copies to be made for you and even for the original to be stored in a safe place at no extra cost.
It is important to note that you and your prospective guardian must sign the form in front of a solicitor, barrister, registrar of a local court or overseas registered foreign lawyer. However, you do not need to sign at the same time.
Can we help you if you don’t like filling in online forms or you require a more complicated enduring guardianship appointment than is usually the case?
At Monardo Solicitors, we understand that not everyone likes filling in online forms. That is fine. Just call our experienced wills and estates team on 02 8006 5244 and we will be happy to assist you.
Enduring Guardianship FAQs
Who can you appoint as your enduring guardian?
You can appoint anyone over the age of 18 as your enduring guardian.
However, you cannot appoint anyone directly or indirectly involved in, or responsible for, your medical treatment.
Can you have more than one enduring guardian?
Yes, you can appoint more than one enduring guardian.
You can then direct that they make all decisions jointly, or that different guardians have responsibility for different decisions.
Can you revoke your enduring guardian appointment?
You can revoke your enduring guardian appointment as long as you still have the capacity to understand.
The revocation must be in writing and witnessed by a legal practitioner or a registrar of a local court.
It must also be given to the person previously appointed as enduring guardian.
Can the enduring guardian resign their appointment?
The enduring guardian can resign their appointment.
If the appointer still has capacity, the enduring guardian can simply give them written notice of their resignation.
If the appointer has lost capacity, the guardian must obtain the approval of the Civil and Administrative Tribunal.
Do you need help with estate planning? Would you like to talk to a lawyer who has extensive experience in estate planning? Call our experienced wills and estates team now on 02 8006 5244.