Article Category - Wills & Estates Enduring Guardianship By Shanaya Stapleton 02 May 2022

An Enduring Guardian is someone who you appoint to make lifestyle decisions on your behalf. This document only operates once a medical practitioner confirms that you no longer have capacity to make these decisions for yourself.

An Enduring Guardian can make decisions such as where you (the Principal) will live, what type of personal services, and, the medical and dental treatment you may receive or not receive.

You can place limitations on what the Enduring Guardian can do or give directions to them to assist them in making decisions on your behalf. Some common things people give directions in relation to are resuscitation and life support, but you can make any number of directions in relation to what care you would or would not like to receive. 

You can choose to leave no directions to your guardian and trust them to make the right decision for you in the circumstances. However, you should discuss any preferences you have with the person you appoint as Enduring Guardian in advance, so they are aware of your wishes when the time comes.

Similar to a power of attorney, the person you pick to be your Enduring Guardian should be someone you trust to make decisions in your best interests.

You can appoint the same person or people to be both your Enduring Power of Attorney and your Enduring Guardian or you can appoint different people entirely.

An appointment of Enduring Guardian is another of the documents you may consider putting in place to prepare for your future.

In our next article, we will look at what Executors are and the differences between Executors and Power of Attorneys and Enduring Guardians.

If you're not sure where to get started, or it's time to update your existing Estate plans, give our friendly team a call on (02) 6331 2911. We're here to help!

Shanaya Stapleton | Solicitor

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