What is an Enduring Guardian?
An Enduring Guardianship is a legal document that allows you to appoint one or more individuals to make important medical and lifestyle decisions on your behalf if you lose capacity.
This document becomes essential if you are incapacitated to such an extent that you are unable to make decisions for your self such as if you:
✔ Suffer a severe illness or injury (for example you are in a coma)
✔ Experience a mental health condition that impairs decision-making
✔ Face cognitive decline due to dementia or other medical conditions
By appointing an Enduring Guardian, you ensure that your wishes regarding medical and dental treatments, living arrangements, and personal care are respected. It provides peace of mind, knowing that someone you trust and who you have chosen is advocating for your well-being and making decisions for you on your behalf during vulnerable periods of life.
Who should I choose as my Enduring Guardian?
Choosing the right person is crucial. Your Enduring Guardian must be over 18 years old and should be someone:
- You trust completely to make decisions in your best interests
- Who understands and respects your values and preferences
- Who is willing to take on the responsibility
Can I Appoint More Than One Guardian?
Yes, you can appoint multiple guardians with different decision-making structures:
➡️ Jointly – Guardians must agree on decisions together.
➡️ Severally – Each guardian can act independently.
➡️ Jointly and Severally – Guardians can make decisions together or individually.
Before appointing a guardian, discuss your expectations to ensure they are comfortable and prepared for the role.
What are the responsibilities of an Enduring Guardian?
An Enduring Guardian is responsible for health, lifestyle, and personal care decisions on your behalf. This may include:
✔ Living Arrangements – Do you need aged care or respite care? Where would you prefer to live?
✔ Medical Treatment – Consenting to treatment on your behalf or are there any treatments you refuse? What are your wishes for end-of-life treatment such as palliative care and life support?
✔ Personal & Health Services – Do you need in-home care, domestic support, or personal assistance?
What if I want to change my Enduring Guardian?
Yes, circumstances change, and you may wish to revoke or update your guardian. If so:
- Inform your lawyer to update records and revoke the previous document.
- Ensure you still have legal capacity to make this change.
Seeking legal advice is highly recommended before making any adjustments.
Does an Enduring Guardian cease at death?
Yes. An Enduring Guardian’s authority ends upon your passing. The role is only in place to protect your lifestyle and health decisions while you are alive.
Who can witness an Enduring Guardian?
The document must be witnessed by an authorised individual such as a legal professional or the Local court registrar. A certificate must also be signed by a legal professional, which is typically the person who drafted the document.
Storing the Enduring Guardian
At Orman Solicitors, we securely store your Enduring Guardianship documents. It’s also recommended that your guardian, family members, and healthcare providers have a copy.
What is a Power of Attorney?
A Power of Attorney (POA) is a legal document that allows one or more individuals to manage a person’s financial and legal affairs while they are alive. The person or persons appointed as the attorney may be responsible for tasks such as managing bank accounts, paying bills and expenses or handling property transactions on behalf of the principal (the person who has appointed them).
Most Power of Attorneys come into effect when a person is unable to make financial decisions on their own. This could be due to physical or mental incapacity, preventing them from understanding or communicating their intentions regarding property or financial matters.
However, a Power of Attorney can also be made to assist you in particular circumstances even if you have not yet lost capacity. For example you might appoint a Power of Attorney for a set period of time while you are away overseas where you might be difficult to contact. Or for example you might appoint someone as your Power of Attorney where you have become unwell and it is practically difficult for you to attend to your financial affairs even if you have not lost capacity. In these circumstances, you are also still able to act for yourself and you have a Power of Attorney who can also act for you in the particular circumstances you nominate.
The key difference between a Power or Attorney and Enduring Guardian is:
- A Power of Attorney handles financial and legal matters.
- An Enduring Guardian makes health and lifestyle decisions (e.g., medical care and living arrangements).
Together, these documents ensure your affairs are properly managed if you become unable to make decisions.
Need advice to draft an Enduring Guardian? Contact Orman Solicitors for expert legal guidance.
Disclaimer: The content presented in this article is offered for informational purposes and should not be construed as legal advice or a substitute for professional guidance. If you have questions or require legal assistance, we strongly recommend consulting with a Solicitor to address your individual circumstances.