What is an Enduring Guardianship?

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The Guardianship Act 1987 (NSW) makes it possible for a person with capacity to appoint an Enduring Guardian to make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future.

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Who can appoint an Enduring Guardian? 

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Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are. 

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When should I appoint an Enduring Guardian?

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Before you need one! These documents safeguard your interests in the event of something unforeseen – an accident or illness that robs you of your capacity to make decisions for yourself. It is better to be prepared and confident in knowing that the person you choose will be making important decisions about your money, your living arrangements and your health. 

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When does it start? 

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You can choose when you want it to start. If you don’t make it clear when you want it to start then it will commence when your attorney signs the document to accept their position. 

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Who should I appoint to be my Enduring Guardian?

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You need to appoint someone your trust to make the right decisions. You can appoint more than one person if you wish, and you can specify exactly how they make their decisions – jointly or separately. 

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Who should I talk to about it?

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It's really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It's also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.

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Do I need a witness?

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Yes, these documents need to be witnessed by a solicitor/conveyancer or a registrar of a Court and cannot be witnessed by your attorney. ​

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Can I change my mind?

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Yes, as long as you still have the decision making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.

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How can we help?

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Ray Wehbe & Co. can provide assistance with all matters concerning enduring guardianship including:

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• Appointing an Enduring Guardian

• Ending an Enduring Guardianship Appointment

• Changing your Enduring Guardianship Appointment

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Contact us to arrange a consultation with a Parramatta Enduring Guardianship lawyer.

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