What is an Enduring Guardian?
Author:
Nicole Rockliff
Publish Date: October 19, 2012
An important step of planning for your future is to appoint an Enduring Guardian. An Enduring Guardian is someone you appoint, at a time when you have capacity, to make personal, health or lifestyle decisions (for example, where you should live and what medical treatment and services you should receive) on your behalf should you later lose the capacity to make them for yourself.
You are able to appoint more than one Enduring Guardian if you wish. You are also able to choose which decision making areas you want your Enduring Guardian to have - these are called functions. You are able to give your Enduring Guardian as many or as few functions as you like. By way of example, you can authorise your Enduring Guardian to decide such things as where you may need to live or what medical treatment you should receive.
In New South Wales, your Enduring Guardian must act within the principles of the Guardianship Act 1987, in your best interest and within the law. You therefore cannot give your guardian a function or direction that would involve them in an unlawful act such Euthanasia.
In New South Wales, the Guardianship Act 1987 governs Enduring Guardianship. An Enduring Guardian appointed under the New South Wales Legislation can make decisions which will affect the person under guardianship when they are in New South Wales. New South Wales always recognises the appointments of Enduring Guardians or their equivalents made under the law of other States and Territories of Australia so that they can make decisions in New South Wales for people who appointed them.
For further information or assistance please contact Rockliffs on 02 9299 4912 or email us at lawyers@rockliffs.com.au