What is an Enduring Guardian?

An enduring guardian is a substitute decision-maker of your choice with legal authority to make health and lifestyle decisions on your behalf if needed, such as where you may live, the services you need and what health care you receive, or consenting to medical and dental treatment on your behalf.

An enduring guardian legally appointed by you should consider your views both past and present. The enduring guardian should also consider the views of professionals and other people important in your life, take into account the circumstances existing at the time then make decisions on your behalf should the need arise.

The enduring guardian’s powers only come into effect and remain while you lack capacity to make decisions. The enduring nature of the power means that the guardian’s authority continues while you are incapacitated.

If you would like to know more information, please contact PTW Law or come into our Mascot offices.

As an example of how an Enduring Guardian may work, consider the following:

Olga is an elderly widow diagnosed as being in the early stage of dementia. Olga has two sons. Her oldest son Michael lives interstate and has little contact with her. Her younger son James lives nearby and visits regularly. She feels James has a good understanding of her wishes and preference to live at home for as long as she is able.

Olga knows her son Michael thinks she should be in a nursing home and the house sold. She decides to talk to her solicitor about appointing her enduring guardian and the decisions she thinks will need to be made in the future.

Olga decides to appoint her son James as her enduring guardian. Olga knows that the authority she gives James will come into effect when she loses capacity to make these decisions for herself and that James will continue to have this authority as long as she remains unable to make her own personal and lifestyle decisions and acts in her best interests.