An enduring guardianship document is not the same as an enduring power of attorney document which deals with financial decisions.

When you make an enduring guardianship appointment you are choosing someone to make personal and health decisions on your behalf.

These decisions will relate to such important matters as where and how you may live, the support services or medical and dental treatment required. You may also plan ahead by making an advance care directive that could deal with details of your health care preferences and include instructions as to the future use or restriction of particular medical treatments.

The appointment of the enduring guardian will be made when you still retain the necessary capacity to provide the directions for preparation of the enduring guardianship document. The assessment as to your capacity may be undertaken by your lawyer or health professional at this time.

Fay will discuss with the importance of ensuring that you understand the documents that will be prepared as a Power of Attorney and an Appointment of Enduring Guardian.

Step 1 will be to establish if you have the necessary mental capacity to provide the instructions at the time of the conference with Fay to discuss your wishes and at the later conference to sign the documents.

It may not be relevant if you suffer from a mental illness provided that you are able to focus and communicate your instructions at these times and demonstrate that at these relevant times you had the requisite capacity.


“Fay takes the time to listen and understand her clients and with empathy and efficiency supports them with practical and strategic advice.

She works proactively to deliver the best outcome possible”

Contact Fay

Email or call on 0416 196 541.

Fay will respond to you personally within 24 hours to discuss your enquiry.