Enduring Guardianships:

An Enduring Guardianship is a legal document under which a person ("the appointor") appoints another to be their guardian if they are unable to make decisions for themselves. The powers of a guardian include the ability to:  

• Determine where the appointer will live; 
• Provide consent for the appointor to undergo medical treatment;
• Determine the health care received;
• Implement any directions provided by the appointor;

In recent years, it has become common for an appointor to include "advanced care directives" in their Enduring Guardianship. An advanced care directive is a specific instruction, or set of instructions, as to the medical treatment they want to receive should certain events occur. Common instructions include: 

• Refusal to accept life support if that is the only manner in which their life can be sustained;
• Rejection of treatment if they are in a persistent vegetative state;
• Refusal to accept blood transfusions;
• Refusal to consent to resuscitation. 

At the time of executing the Enduring Guardianship, the appointor must have legal capacity to understand the effect of this document, the powers of their guardian and any instructions they have prescribed for their guardian.  It is for this reason we recommend that an Enduring Guardianship be made as early as possible.   

If the appointor does not have the requisite capacity, then an application can be made to the NSW Civil and Administrative Tribunal (NCAT). NCAT has the power to make orders:

• That an Enduring Guardianship be revoked, varied or confirmed;
• That another guardian be appointed; and
• Orders about the type of care to be provided.  

If you wish to obtain an Enduring Guardianship or are in dispute about an existing Enduring Guardianship, you may wish to contact our firm and arrange an appointment to see one of our Aged Care & Elder Law Solicitors. Please call us on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.