You can never be certain what is around the corner. Although you may prefer not to think about it, there may come a time when you are no longer able to make personal decisions for yourself, such as those relating to your health, lifestyle and welfare.

One thing you can do is ensure that you have organised your affairs so that a person you trust can legally make personal decisions on your behalf. Appointing this person is known as an enduring guardianship. An important legal document, the enduring guardianship only operates if you become incapable of making your own decisions. Hopefully it will never be operational. It does however, offer you a sense of security.

A member of the Fleming Law team will be able to advise you on how to choose a suitable enduring guardian, and draw up the legal paperwork for you.

Need help with setting up an enduring guardianship? call us today

Some common questions about enduring guardianships:

What is the benefit of appointment an enduring guardian?

You decide who makes your decisions, giving you a chance to discuss your wishes with that person, and making sure they are carried through.

What decisions can an enduring guardian make on my behalf?

• Where you live

• What medical treatment you receive

• What healthcare services you receive

• What other personal services you are to receive

Many people appointing enduring guardians want to make sure that someone has the ability to agree to or to refuse treatment for them, such as the decision to sustain them on life support.
It is important to note that an enduring guardian cannot manage your financial affairs. This is the role of a power of attorney.

Who can appoint an enduring guardian?

Anyone over the age of 18 can appoint an enduring guardian. You must be able to understand the effect of the enduring guardian document, and that you have the right to revoke (cancel) it, as long as you still have the capacity to make that decision.

How do I appoint an enduring guardian?

A special form must be completed to appoint an enduring guardian. When you ask us to assist you, we obtain the information needed to appoint an enduring guardian and find out your wishes for how this person should act. You should make sure that you have discussed your wishes with the person you are appointing.
We then draft the correct form, and make sure that appropriate words and concepts are used to make it a binding enduring guardianship. Depending on your circumstances, we may also recommend other documents confirming your wishes, which we will discuss with you. This may include an Advanced Care Directive which is prepared by both you and your doctor.

What happens if I don't appoint a guardian?

If you have not appointed an enduring guardian and you lose the capacity to make important personal decisions, the NSW Civil and Administrative Tribunal (NCAT) may have a guardian appointed for you. In the absence of a suitable person, the tribunal may appoint an independent public official, known as the Public Guardian.
Bear in mind that a person appointed for you will not necessarily know what your wishes are. By appointing an enduring guardian yourself, you ensure that your wishes are known and understood.