Why you should consider appointing an Enduring Guardian

Most people are aware that they need a Will, and many people are also familiar with Powers of Attorney.  What many people are often unaware of is the importance of appointing an Enduring Guardian.

An enduring guardian can make personal, health or lifestyle decisions on your behalf, in the event that you are no longer physically or mentally capable of making those decisions yourself.

You can direct your guardian to follow your wishes, or impose conditions or limitations on what they can do.  You can also revoke the appointment and make another appointment at any time, provided you still have the capacity to make such decisions.

What kind of decisions can be made?

You decide the areas or ‘functions’ that you wish to give to your Enduring Guardian. They may include making decisions such as where you live, what services are provided to you at home, and what medical and dental treatment you receive.

What are the requirements for appointing an Enduring Guardian?

    • You and your appointed guardian must to be over eighteen years of age;
    • You must sign the document before a certain witnesses prescribed by the law (e.g. a solicitor);
    • You must have the capacity to understand and sign the document;
    • Your guardian can’t be someone responsible for your medical treatment;
    • The document will have specific details about treatments that you would accept or refuse; and
    • You are not influenced or pressured by anyone else to sign the document.

Things to keep in mind:

  • Your Enduring Guardianship only comes into effect if or when you lose capacity, and is only effective during the period of incapacity, so it may never become operational.
  • You can appoint one or more people to be your Enduring Guardian(s).

No family member wants to be in a situation where no-one knows what you would have wanted and what if your family members disagree or don’t agree with your doctors.

If you want to have peace of mind and avoid these issues and you need assistance or advice on how to proceed please call us on (02) 8014 5885 or email info@nolanlawyers.com.au.

By |2018-10-29T14:12:05+10:00November 5th, 2017|Uncategorized|