Enduring Guardianship

What is Guardianship?

If a person’s decision-making ability is impaired due to disability, age, mental illness or injury they may need to have a guardian appointed to make healthcare, lifestyle and medical decisions on their behalf. These include decisions about where to live, what services to use and consenting to medical and dental treatment. It does not include financial or legal matters.

Enduring Guardianship

An Enduring Guardian is someone a person appoints to make lifestyle, health and medical decisions for a time when they become unable to make decisions themselves. An Enduring Guardian may make decisions such as where you live, what services are provided at home and what medical treatments a person receives.

An Enduring Guardianship does not take effect until a person is no longer able to make lifestyle, health and medical decisions for themselves. A person is required to appoint an Enduring Guardian when they have capacity.

Appointing an Enduring Guardian

It is important to plan ahead and appoint an Enduring Guardian for when you or the person you care for is no longer able to make lifestyle, health and medical decisions for themselves. The appointment will only take effect once this loss of ability can be established.

A carer may be appointed as guardian if they are over 18 and willing to take on the role. The person appointing the Enduring Guardian decides what powers or functions to give them. The NSW Trustee and Guardian can assist the person you care for with drafting, witnessing and storing Enduring Guardianship documents.