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What is an enduring guardianship?

What is an enduring guardianship

An enduring guardianship is appointing someone to make lifestyle and health decisions for you, if you lose the ability to make such decisions in the future. It is different from a power of attorney, which is used for financial decisions. An enduring guardianship document can list exactly what areas you want to be included such as medical care, dental care, housing and living arrangements.

The appointment only comes into effect when you are in need of a guardian. You should choose someone you trust to make such decisions for you about your health and lifestyle when you can no longer make such decisions yourself. Your guardian should be over the age of 18 years and both you and they will have to sign the forms to enable them to become your guardian in the future.

You should try to keep important documents like enduring guardianship documents, powers of attorney, wills, birth and marriage certificates and passports together in a safe place with a copy held separately for your trusted family members.

If you have a family member who needs a guardian,  but is no longer able to appoint one themselves, an application can be made to the NSW Civil & Administrative Tribunal to appoint a guardian or financial manager.  This is very helpful if a decision maker is needed for the future.

When you are preparing your Wills,  you should consider preparing both powers of attorney and enduring guardianship documents at the same time.

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