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PO Box 16 South West Rocks NSW 2431

T 02 6566 6250

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PO Box 161 Kempsey NSW 2440

T 02 6562 3300

appointment of enduring guardian

Why do I need an Appointment of Enduring Guardian?

What is an Appointment of Enduring Guardian?

An Appointment of Enduring Guardian allows you to appoint a person to make health and lifestyle decisions for you if you no longer have the capacity to make such decisions yourself.

You can appoint an enduring guardian as long as you are over 18 years old and understand what you are signing.

How could I lose capacity to make my own health and lifestyle decisions?

No one knows what is around the corner:
– Severe illness;
– An accident resulting in serious injury;
– Old age.

Your appointment of enduring guardian will not become effective until you lose capacity.

Who should be my guardian?

Your guardian could be your spouse, child, close friend or relative.

Choose carefully. Your guardian may be making crucial decisions for you in the future.

It is important that you consider your chosen guardian’s:
– Age;
– Competency/willingness to take on this role;
– Health;
– Place of residence;
– Knowledge and respect for your needs, wishes, values, and beliefs.

How many guardians can I appoint?

You can appoint one or more people as your guardian.

If you appoint more than one guardian you get to decide how they are appointed:
• Jointly – Your guardians can only make decisions together; or
• Severally – Your guardians can act individually.

You can also appoint a substitute guardian. This is useful in the event that the original guardian/s dies, resigns their appointment or loses capacity.

What sort of function does my guardian have?

Your guardian will be able to make health and lifestyle decisions on your behalf including deciding:
– Where you live;
– What healthcare you receive;
– What personal services you receive; and
– Giving or withholding consent to medical or dental treatment.

You can limit your guardian’s functions by clearly setting them out in the document.

How do I appoint my guardian?

It’s important you discuss the role with your chosen guardian/s.

Once you are confident you have chosen the right person, contact our team.

We can draw up an appointment of enduring guardian document based on your instructions. We will ensure it is explained to yourself and your guardian/s and witnessed properly.

When does my appointment of enduring guardian end?

Your appointment of enduring guardian ends when:
– You die; or
– If you revoke it; or
– If you marry after appointing an enduring guardian unless the person you marry is your enduring guardian; or
– If one of your guardians die and they were appointed to act jointly, and you had not appointed a substitute guardian; or
– If the NCAT Guardianship Division revokes or suspends it.

When is the best time to create an appointment of enduring guardian?

Because we don’t know what tomorrow brings, today is the time to get this document in place.

By organising this document now, you could avoid a lot of stress and heartache for yourself and your loved ones in the future.

Wills ebook