APPOINTMENT OF ENDURING GUARDIAN

An Appointment of Enduring Guardian is a legally-binding document that operates during your lifetime, giving somebody you trust (your ‘Enduring Guardian’) the legal authority to make medical and lifestyle decisions on your behalf. An Enduring Guardianship only comes into effect if you are incapacitated or unconscious, and deemed by a medical professional to be unable to make  medical decisions for yourself.

WHY SHOULD I APPOINT AN ENDURING GUARDIAN?

Medical treatment and lifestyle preferences are often highly personal, and it is important to plan ahead and legally communicate your decisions so that your interests are protected if you become incapacitated. Appointing an Enduring Guardian ensures that, if you lose capacity, decisions will be made on your behalf by somebody you trust, who knows your wishes and values. You may wish to provide your Enduring Guardian with an Advanced Care Directive to guide value-based decision-making. If you do not appoint an Enduring Guardian, then the Guardianship Tribunal will appoint one for you, and it may not be your first preference. It is important to note that your next of kin is not entitled to become your Enduring Guardian.

HOW DO I APPOINT AN ENDURING GUARDIAN?

At The Estate Planning Centre, we can prepare an Enduring Guardianship for you that reflects your wishes and satisfies legal requirements for your jurisdiction. Although we are wills and estate planning lawyers based in Sydney, we are well-informed and experienced with the legal requirements for Enduring Guardianships in all states and territories, not just New South Wales. 

WHAT IF I ALREADY HAVE AN ENDURING GUARDIAN?

Your Enduring Guardianship is effective only if you lose the ability to make health and lifestyle decisions for yourself, and it remains effective until your death, so it is important to regularly review your Enduring Guardian document to ensure that it still reflects your wishes. You should be aware that your appointment is automatically revoked upon marriage, in favour of your spouse.

If you do not have an Appointment of Enduring Guardian, or wish to enquire further about this legal document, please do not hesitate to contact us via email (office@theestateplanningcentre.com.au) or by booking a free consultation, using the link, below.