Appointment of Enduring Guardian
Capacity to provide the directions for preparation of the enduring guardianship document.
An Enduring Guardian is someone you legally appoint to make important personal, lifestyle, and healthcare decisions on your behalf if you lose the capacity to do so. This includes:
- Where you live
- Medical and dental treatment decisions
- Health care services and support
- Lifestyle and personal care arrangements
This is different from an Enduring Power of Attorney, which only deals with financial and legal matters.
Life can change unexpectedly due to illness, age, or accident. Having an Enduring Guardian in place ensures that someone you trust can step in and make decisions in your best interests when you are no longer able to do so yourself.
Fay Frischer, assists clients in Sydney with preparing clear and legally valid enduring guardianship documents that reflect their wishes and protect their future wellbeing.
Capacity to appoint an Enduring Guardian
To appoint an Enduring Guardian, you must have the required mental capacity at the time you provide instructions and sign the documents.
This means you must be able to:
- Understand the nature and effect of the appointment
- Consider your options and consequences
- Clearly communicate your instructions
During your consultation Fay will assess whether you have the capacity to proceed, and in some cases, a health professional may also be involved in confirming capacity.
Having a mental illness does not automatically prevent you from making an appointment of an enduring guardian, provided you can understand and communicate your decisions at the relevant time.
How Fay can help
Fay provides clear, practical guidance throughout the entire process, including:
- Preparing Enduring Guardianship documentation
- Advising on who you can appoint
- Explaining your legal options in plain language
- Ensuring your documentation is valid and enforceable
- Helping you plan ahead with confidence
Fay takes the time to understand your personal circumstances so your wishes are properly documented and legally protected.
Send an enquiry
To discuss your matter in a private and professional environment, complete your details below, or call Fay directly on 0416 196 541
Contact Fay
Email or call on 0416 196 541.
Fay will respond to you personally within 24 hours to discuss your enquiry.
Enduring Guardian FAQs
What is an enduring guardian?
An enduring guardian is a person you appoint to make personal and health decisions on your behalf if you lose the capacity to do so yourself.
How is an enduring guardian different from a power of attorney?
A power of attorney deals with financial and legal decisions, while an enduring guardian manages health, medical treatment and personal care decisions and accommodation.
What decisions can an enduring guardian make?
An enduring guardian can make decisions about where you live, what support services you receive and your medical or dental treatment, based on your instructions.
When should I appoint an enduring guardian?
You should appoint an enduring guardian while you still have the mental capacity to give clear instructions about your personal and health care preferences.
Can I make an advance care directive?
Yes. An advance care directive allows you to outline your future health care preferences, including the use or restriction of specific medical treatments.
Who can assess my capacity to appoint an enduring guardian?
Capacity may be assessed by your lawyer or a qualified health professional at the time you provide instructions and when signing the document.
Does having a mental illness prevent me from appointing an enduring guardian?
No. You can appoint an enduring guardian as long as you can focus, communicate your wishes clearly and demonstrate decision-making capacity at the relevant times.
How do I create an enduring guardianship document?
You create an enduring guardianship document by consulting a lawyer, discussing your wishes and formally signing the document while retaining capacity.
Can I change my enduring guardian later?
Yes. You can revise or revoke the appointment as long as you maintain the capacity to make your own personal and health decisions.
Why is appointing an enduring guardian important?
Appointing an enduring guardian ensures your health and personal care decisions are made according to your wishes, avoiding the need for a court-appointed guardian if you lose capacity.
