Elliot Tuthill Solicitors - Cronulla Sydney

IINFORMATION ON ENDURING GUARDIANSHIPS

What is an Enduring Guardianship?

An Enduring Guardianship is a document that appoints someone to make decisions on your behalf about your care and lifestyle when you can no longer make the decisions for yourself.

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Who can make and Enduring Guardianship?

The only requirement to you making an Enduring Guardianship is that you have the mental capacity to make such an appointment. A medical certificate may be required to establish this. Appointments can be revoked and re-made whilst the Appointer has the capacity to do so.

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Who can I Appoint as my Guardian?

The person you appoint should be someone who:

knows you well;
will respect your wishes;
understands the responsibility that is given to them;
Is willing to act as your Guardian; and
Is available to make these decisions.

By law, the appointee must be 18 years of age or over. You can also appoint more that one person with either the same or differing functions. These people can act severally or jointly.

However, your Guardian cannot be someone in a professional relationship with you. That is, they provide services to you for a fee (eg doctor) or is a relative of that person. You can appoint your carer if they receive a carer’s allowance.

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What kind of decisions can be made by my Guardian?

Your Guardian can make decisions about:-

Your lifestyle
Where you live
Health care
Services
Consent to medical and dental treatment
Access – ie decide who should have access with you
Restrictive Practices function – ie use physical restraint to prevent self harm
The Appointor can give directions about how these decisions can be made. For example, where ever you live, if you want to be close to your family.

Your Guardian cannot make decisions:-

That are contrary to law eg. euthanasia
About what is defined as “special medical treatment”. Only the Guardianship Tribunal can allow this
Consenting to medical treatment when you are objecting to it.

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