Enduring Guardianship

This document is similar to a Power of Attorney but it relates specifically to the power to make decisions regarding where you live, who cares for you and other physical and health related issues.  The appointment of guardianship only takes effect if you become unable to make your own personal or lifestyle decisions.

You can choose which decisions you want your guardian to make.  These are called "functions" and you can direct your guardian how to carry out the functions.  You can give your guardian as many or few functions as you like.

A guardian cannot:

  • Consent to anything unlawful;

  • Make a Will for you;

  • Vote on your behalf;

  • Consent to marriage;

  • Manage your finances; or

  • Override your objections, if any, to medical treatment.

The person(s) appointed to be a guardian cannot be a person who, at the time of the appointment:

  • Provides medical treatment or care to you on a professional basis; or

  • Provides accommodation services or support services for daily living on a professional basis; or

  • Is a relative of one of the above.

An appointment of enduring guardianship should be kept in a safe place and another person should be told where it is currently kept.  We suggest giving copies to significant people in your life including your doctor.

Cancelling an Enduring Guardianship

An appointment of Enduring Guardianship can be revoked if you are of sound mind.  A new person may be appointed as guardian, and/or the functions or directions given to the guardian(s) can be changed by completing a new form of appointment.

The best way is to confirm the revocation of an Enduring Guardianship is in writing.  We recommend the completion and execution of the appropriate form as prescribed in the relevant State/Territory legislation.

If you do cancel an Enduring Guardianship, make sure you destroy all copies of the document.  Don't forget to tell your medical practitioner(s) or other agencies that may hold a copy.  It is also possible for a Court or Tribunal to cancel an Enduring Guardianship, when it is not being used in your best interests.

Need further help?

We can discuss any queries you may have at an initial consultation.  This information is complex but by no means is it tailored to your circumstances.  Please contact us to make an appointment with one of our estate planning lawyers at our Parramatta office.