Enduring Guardianship on the Central Coast

What is an Enduring Guardianship?

An Enduring Guardian is someone you appoint during your lifetime as a substitute decision maker on lifestyle matters, such as medical treatment, accommodation issues etc. Linda Emery & Associates can provide you with legal advice as to whether you need an Enduring Guardianship and what functions you would give the Enduring Guardian and when it will cease to operate.

Types of Decisions The Persons You Appoint May Include:

• Where you live
• What healthcare you receive
• The medical or dental treatment you receive
• Other personal services you may need

These are called functions. You can give your enduring guardian as many or as few functions as you like. You can appoint more than one enduring guardian if you wish, and you should choose which decision-making areas you want your enduring guardian to have.

Your enduring guardian must act within the principles of the Guardianship Act, in your best interests and within the law. Linda Emery & Associates are estate lawyers, experienced on handling estate matters carefully and fairly.

If you are competent to make an enduring guardianship, the document must be witnessed by a prescribed person such as a lawyer.

Who Should You Appoint as Your Guardian?

Your Enduring Guardian should be someone you trust to make decisions in your best interest. They must:

• Be over 18 years of age
• Have the capacity to understand the responsibility
• Be willing to act on your behalf
• Not be involved in providing you with paid medical or residential services

You can appoint more than one guardian and decide whether they must act jointly or independently. It is also wise to consider appointing an alternate guardian, in case your first choice is unable or unwilling to act when needed.

How to Appoint an Enduring Guardian

To legally appoint an Enduring Guardian in New South Wales, you must complete an Enduring Guardianship Appointment form, which must be:

• Signed by you and your nominated guardian(s)
• Witnessed by a qualified legal practitioner, Registrar of the Local Court, or approved public official

Both the appointor and the guardian must understand the nature and effect of the appointment. This is a formal legal document, and legal advice is highly recommended to ensure it is completed correctly and reflects your wishes.

Can You Change or Cancel an Enduring Guardianship?

Yes. You can revoke the appointment at any time, provided you still have decision-making capacity. Similarly, the guardian can resign from their role by giving written notice. Any changes or revocations must also be made in accordance with legal procedures to ensure they are valid.

Why Legal Guidance Matters

Appointing an Enduring Guardian is a significant legal decision. It affects your future care and personal autonomy. Seeking legal advice ensure that your rights are protected, your wishes are clearly documented, and all procedures comply with NSW legislation.