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.
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”
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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.
