Guardianship

An enduring guardian is a person appointed by you to make decisions on your behalf in relation to your lifestyle in the event that you become incapable to manage these decisions for yourself. Below are examples of matters upon which an enduring guardian can make decisions on your behalf:  

As to where you live;
Medical treatment you receive;and
Other personal services you receive.  

When appointing an enduring guardian you can specify what decisions they can and cannot make on your behalf by empowering them with certain functions. You decide on how many or few functions the guardian has. We ensure your enduring guardianship is clear-cut so there is minimal room for misinterpretation.

There are certain legal limitations on the guardian which include:

Your Guardian cannot make a will for you;
Your guardian cannot consent to your marriage; and
Your guardian cannot manage your finances (A Power of Attorney is required for this).There are other limitations which can be discussed with your professional advisor.

Quick Tips

• You must be over 18 years old and you must have mental capacity (understand what you are doing) to appoint an enduring guardian;
• The guardian must also be over 18 years old and must accept their appointment;
• The Guardian must act in accordance with the functions specified in the Appointment form;
• You may choose to have one guardian or a principal guardian and an alternative who will act if the principal is unable to do so;
• The appointment of the guardian and their authority over your affairs come into effect only when you become unable to manage your decisions; and
• Provided you have legal capacity you can revoke the appointment of the guardian.    

Contact one of our experienced lawyers on (02) 9547 1733 who can draft your Enduring Guardianship for you. Our lawyers have put together hundreds of Enduring Guardianship documents and we can assure you that your Enduring Guardianship document will be drafted correctly and quickly.