What Is An Enduring Guardianship?
Similar to an Enduring Power of Attorney, an Enduring Guardianship is a legal document that allows you to nominate a trusted person to make decisions about your health and lifestyle in the event that you no longer have capacity to make those decisions.
Your Enduring Guardian cannot make decisions relating to your finances, property or legal matters.
Your Enduring Guardian may make decisions relating to:
- where you live;
- what kinds of personal services you may receive; and
- any healthcare and medical services you may receive.
Who should I appoint as my Enduring Guardian?
Much like the person appointed under your Enduring Power of Attorney, your Enduring Guardian should be an adult person whom you trust. You may choose to appoint your attorney as your Enduring Guardian.
As your Enduring Guardian will be dealing with more personal affairs, it is recommended that you appoint a person who understands your values and beliefs and is able to make difficult, often emotional decisions. You should have a clear discussion with your Enduring Guardian about your wishes and ensure that you keep them updated of any changes.
As with your Enduring Power of Attorney, you have the ability to appoint multiple Enduring Guardians and may also appoint a substitute Enduring Guardian.
It is also important to note that your enduring guardianship will be automatically revoked when you get married, unless you marry the person you appointed as your Enduring Guardian.
Preparing an Enduring Guardianship
We can assist you with preparing an enduring guardianship as part of your estate planning.
If you have any questions or require any other information in relation to an enduring guardianship, please do not hesitate to contact our office on (02) 9687 3755.