Planning Ahead
Author:
Rockliffs Solicitors and IP Lawyers
Publish Date: February 25, 2007
Enduring guardians can help if you lose capacity
An enduring guardian is someone you appoint, at a time when you have capacity, to make personal, health or lifestyle decisions for you should you lose the ability to make them for yourself.
You can appoint more than one enduring guardian if you wish, and you should choose which decision-making areas you want them to have responsibility for.
You can give them as many or as few functions as you like. For example, you can authorise one to decide such things as where you may need to live or what medical treatment you should receive.
Your enduring guardian must act within the principles of the Guardianship Act, in your best interests, and within the law. You cannot give your guardian a function or a direction that would involve them in an unlawful act, such as euthanasia.
Your solicitor can explain the finer details about appointing an enduring guardian to you, and can prepare the necessary documents and arrange the signatures and certificates required.
Reproduced with the permission of the Law Society of New South Wales.
For further information or assistance please contact Rockliffs on 02 9299 4912 or email us at lawyers@rockliffs.com.au