What is an Enduring Guardianship?
An Enduring Guardianship is a legal appointment where you nominate a trusted individual to make decisions about your personal care, accommodation, and future medical treatment if you are unable to do so yourself. Unlike a Power of Attorney which deals with financial matters, an Enduring Guardian's role is focused on non-financial personal care and health decisions, aligning with the principles of wills and estate planning.
How Does Enduring Guardianship Differ from a Power of Attorney?
While both are essential tools in estate planning wills, an Enduring Guardianship differs from a Power of Attorney in its scope. An Enduring Power of Attorney is responsible for financial decisions, whereas an Enduring Guardian is appointed to make personal decisions, including funeral arrangements and healthcare choices. This distinction ensures comprehensive coverage in your estate planning wills.
Who Can Be Appointed as an Enduring Guardian?
Selecting an enduring guardian is a critical decision. This person should be someone you trust deeply to respect your personal decisions and act in your best interests. They can be a close family member, a friend, or anyone who has the appropriate mental capacity and is over 18 years old. An estate lawyer can provide advice on choosing a suitable guardian. At Brydens Lawyers, we offer expert advice and assistance with ensuring your wishes are respected when planning Enduring Guardianship. Contact us or call today at 1800 848 848 to make the necessary arrangements to secure your future.
What Decisions Can an Enduring Guardian Make?
An Enduring Guardian can make various decisions on your behalf. These include:
Residence Decisions: Determining where the principal will live, which could include choosing between staying at home with support, moving into a care facility, or other living arrangements.
Health Care Choices: Making decisions about the principal's overall health care, including selecting health care providers and approving or refusing specific types of health care.
Medical Treatment Consent: Giving or refusing consent for medical treatments, surgeries, or other medical procedures.
End-of-Life Care: Decisions regarding palliative care, life support, and other end-of-life treatments in accordance with the principal's wishes or advance directives.
Diet and Personal Care: Managing aspects of the principal’s daily routine, including diet, dress, and personal care.
Social Activities: Making decisions about the principal's participation in social, cultural, or religious activities.
Therapy and Rehabilitation: Approving or declining various forms of therapy and rehabilitation services.
Access to Support Services: Arranging access to support services like home nursing, meal services, or transportation for medical appointments.
Privacy and Dignity Matters: Ensuring the principal's privacy and dignity are maintained in all aspects of care and living.
Legal Matters Related to Personal Care: Handling legal issues directly related to the principal's personal care and well-being.
Advance Health Directives: Following the guidelines outlined in any advance health directives provided by the principal, if applicable.
It's important to note that the scope of decisions an Enduring Guardian can make will depend on the terms specified in the Enduring Guardianship document and the laws of the relevant jurisdiction. The principal can specify and limit the powers given to their Enduring Guardian based on their personal preferences and circumstances.
How is an Enduring Guardianship Created?
Creating an enduring guardianship involves filling out a form and signing it in the presence of an authorised witness. An authorised witness can be:
An Australian legal practitioner, such as those at Brydens Lawyers.
A Registrar of the NSW Local Court.
An overseas-registered foreign lawyer.
An approved employee of NSW Trustee & Guardian
The document must clearly state what decisions the guardian can make and the circumstances in which their authority becomes effective, usually when a person has lost capacity.
Start making your arrangements for an Enduring Guardianship today and contact Brydens Lawyers online or call us at 1800 848 848 to begin securing your future.
Can an Enduring Guardianship Be Revoked or Changed?
Yes, as long as you have the mental capacity, you can revoke or change the appointment of your Enduring Guardian. It's important to review this decision regularly, especially after significant life changes or when the appointed guardian's circumstances change.
Why is Legal Advice Important for Enduring Guardianship?
Seeking advice from an experienced estate lawyer, such as those at Brydens Lawyers, is crucial in establishing an Enduring Guardianship. They can guide you through the legal requirements, ensure your document is correctly completed, and advise on complex situations, like appointing multiple guardians or making specific conditions for the guardian’s role.
How Can Brydens Lawyers Help with Enduring Guardianship?
Brydens Lawyers are experts in arranging Wills and Estates and can assist in creating a robust Enduring Guardianship that reflects your wishes. Our team ensures that your Enduring Guardianship is legally valid, aligning with the principles and legalities involved in Estates, Wills and Enduring Guardianships so that your best interests are safeguarded.
For expert guidance on Enduring Guardianship and how it fits into your Estate plan, contact Brydens Lawyers online or call at 1800 848 848. We are dedicated to ensuring your future well-being and peace of mind through thoughtful and effective estate planning wills.
