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Understanding Enduring Guardianship in NSW. Your Legal Specialists in Granville and Western Sydney
An Enduring Guardianship is a legal appointment that allows you to choose someone you trust to make personal, health, and lifestyle decisions on your behalf if you lose the capacity to do so. This can include decisions about where you live, what medical treatments you receive, and the services you access.
Unlike a Power of Attorney, which covers financial and legal matters, an enduring guardian focuses on personal and medical choices. This appointment only takes effect if you are no longer able to make these decisions for yourself.
Why Appoint an Enduring Guardian?
Life can change unexpectedly through illness, injury, or age-related conditions. Appointing an enduring guardian ensures:
• Your wishes are respected regarding healthcare and living arrangements.
• Someone you trust is making critical personal decisions.
• Avoiding conflict between family members during difficult times.
• Peace of mind knowing plans are in place for unforeseen circumstances.
Contact our team and we will assess your situation in a free initial consultation.
How to Appoint an Enduring Guardian in NSW
In NSW, the appointment must:
(1)Be made while you have decision-making capacity.
(2) Be in writing, using the Enduring Guardianship Appointment form.
(3) Be witnessed by a prescribed witness (such as a solicitor or registrar).
More information and official forms can be found at the NSW Trustee & Guardian.
Changing or Revoking an Appointment
You can change or revoke an enduring guardianship at any time while you still have capacity. If your appointed guardian can no longer act, you should update the appointment promptly to avoid gaps in decision-making authority.
Frequently Asked Questions About Enduring Guardianship
What’s the difference between an enduring guardian and a power of attorney?
A power of attorney handles financial and legal matters, while an enduring guardian makes personal and medical decisions. Many people have both.
Can I appoint more than one enduring guardian?
Yes. You can appoint more than one guardian to act jointly, separately, or in a specific order, depending on your preferences.
When does an enduring guardianship take effect?
It only begins if you lose the capacity to make your own decisions.
Can I appoint someone who lives interstate or overseas?
Yes, but it’s more practical to appoint someone local who can respond quickly in emergencies. See the NSW Trustee & Guardian guidelines for details.
Fred Kalouche & Associates
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