WHAT IS AN ENDURING GUARDIAN?
An enduring guardian is someone you choose to make personal and lifestyle decisions on your behalf when you are not capable of doing this for yourself. You can appoint more than one guardian if you wish. You choose which decisions you want your enduring guardian to make and give directions on how to carry out these functions
WHO CAN APPOINT AN ENDURING GUARDIAN?
You can appoint an Enduring Guardian for yourself if you are an adult (over 18) and you have capacity.
WHAT DECISIONS CAN THE ENDURING GUARDIAN MAKE?
Your Enduring Guardian can only make medical, health and lifestyle decisions on your behalf. The most common decision-making areas or functions for an Enduring Guardian are:
- Accommodation – to decide where you live: aged care facility or hospital.
- Health care – to decide what health care you receive. This function gives authority to your Enduring Guardian to choose or change your doctors (or other health care professionals) and make decisions about end of life treatment
- Services – to decide what personal services such as attendant care, domestic support, recreational services you should have to support and assist you.
- Consent to medical and dental treatment – to give or withhold consent to medical and dental treatment on your behalf.
WHAT DECISIONS CAN THE ENDURING GUARDIAN NOT MAKE?
An enduring guardian cannot make a Will for you, vote on your behalf, consent to marriage, manage your finances or override your objections to medical treatment.
WHEN DOES ENDURING GUARDIANSHIP END?
Enduring guardianship ends when you die, if you revoke the appointment, or if the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) makes a guardianship order or suspends the appointment.
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DISCLAIMER: This guide is provided to clients and readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as a definitive or complete statement of the relevant law.
For advice about appointment of enduring guardians please contact us on 9635 7966
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