An Enduring Guardian is a person (or persons) you appoint within your Will to give directions on your chosen lifestyle, health, and medical decisions which you have already made. They do this on your behalf when you are not capable of communicating these things for yourself. Your guardian may give directions such as where you live, what personal services are provided to you at home and what medical treatment you have decided on, or even to refuse treatment.
The guardianship power only comes into effect if or when you lose capacity and will only be effective during the period of incapacity. Therefore, in some cases, it may never become operational. However, it is a good way to plan for the future, particularly for unforeseen situations.
An Enduring Guardian and Enduring Power of Attorney are complementary documents. They can be made separately or together giving you the choice as to who you want to have the authority to make decisions across all areas of your life, if you are unable to make these decisions for yourself.
If you are an adult (over 18) and you have capacity you can appoint an Enduring Guardian for yourself or you can be appointed as an Enduring Guardian for someone else.
To appoint an Enduring Guardian you need to understand the nature and effect of the Enduring Guardianship document at the time it is made. In legal terms this means that you have ‘capacity’ and are able to understand that you are appointing someone to make medical, health and lifestyle decisions for you, in case you lose capacity to make your own decisions in these areas.
It is also important that you understand that you can revoke the appointment and make another appointment at any time provided you continue to have capacity to make these decisions.
Please note the answers provided are for your general information only and we ask you to call our office on 02 6331 2911 to obtain detailed legal advice for your individual situation.
Wills & Estates | Kenny Spring Solicitors