MJM Lawyers

MJM Lawyers Knowledge Base

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Why do you need to appoint an Enduring Guardian?

An Enduring Guardian is someone appointed by you to make lifestyle, health, and medical decisions on your behalf, in the event that you are unable to make those decisions yourself.

Why would I need an Enduring Guardian?

Unfortunately, there may be a time when you lose capacity to make your own lifestyle decisions due to illness, injury, or disability. Contrary to what most people believe, loss of ‘capacity’ does not only occur because of ageing, but also occurs due to unforeseen life circumstances such as accidents. Appointing an Enduring Guardian is the most efficient way to ensure someone you trust is looking after your lifestyle interests.

What sort of decisions can an Enduring Guardian make?

Your Enduring Guardian could make decisions about healthcare and lifestyle matters, such as: where you live; where you receive treatment; and what healthcare and treatment you will receive. Your Enduring Guardian cannot make any financial decisions on your behalf. That is the role of an Attorney appointed pursuant to a Power of Attorney.

When can my Enduring Guardian start making decisions on my behalf?

Your Enduring Guardian will only begin making decisions once you no longer have capacity to make your own decisions. If there is uncertainty regarding your capacity, a specialist may be called on to determine your level of capacity. The appointment will continue unless:

· You revoke your appointment while you have capacity to do so;

· Your Enduring Guardian resigns or is unable to carry out the role;

· Your Enduring Guardian passes away; or

· The Guardianship Division of NSW Civil Administrative Tribunal (NCAT) or the NSW Supreme Court revokes the appointment.

What if my Enduring Guardian were to decide something I wouldn’t agree with?

Fortunately, you can nominate and restrict what your Enduring Guardian can make decisions about in your Appointment of Enduring Guardian. If there are treatments or certain decisions that you are opposed to, you can specify that in your Appointment to prevent your Enduring Guardian from making that decision.

If you would like further information about appointing an Enduring Guardian, please contact us.