What is an Enduring Guardianship and how does it differ from a Power of Attorney?
An enduring guardian is a person who you appoint to make health and lifestyle decisions on your behalf when you do not have the capacity to do so for yourself, usually in circumstances of old age.
Similar to the trustee in a power of attorney, an enduring guardian must be 18 years or older and have the capacity to make sound judgements. Your enduring guardian should be someone you trust who understands you, and must not have any connection with the person(s) providing you with the health and lifestyle services (e.g. your accommodation and healthcare providers).
You may select the areas in which your enduring guardian can make decisions on your behalf, for example, where you live, what you eat and/or what medical treatment you receive. Unlike a power of attorney, enduring guardians cannot make decisions pertaining to a person’s finances and assets.
An enduring guardianship is only effective when you lose the capacity to make sound decisions for yourself, even if temporarily. You may terminate a guardianship at any time provided you have the capacity to make sound judgements.
To appoint an enduring guardian, you must complete a form of appointment and include your intended enduring guardian’s signature. All signatures must be witnessed by an eligible witness including a legal practitioner, Local Court Registrar and NSW Trustee & Guardian approved officer.
It is recommended that you consult a legal professional before appointing an enduring guardian. CMI Legal provides high-level expertise in areas including property, migration, business, taxation and family, and we are ready to assist you. Contact us at 02 8386 8592 for a consultation.