ENDURING GUARDIANSHIPS
WHAT IS AN ENDURING GUARDIANSHIP?
An Enduring Guardianship is used to appoint a person(s) to make lifestyle, health and medical decisions on your behalf if you become unable to make decisions, or act on your own, due to illness or accident. It specifies the functions, limitations and directions that you nominate and only comes into effect if, or when, you lose capacity and will only be effective during the period of incapacity. The person making the appointment and the person(s) being appointed need to sign the document in the presence of a Solicitor or other qualified person.
WHO NEEDS AN ENDURING GUARDIANSHIP?
You may do. If you have a spouse then they can generally make those decisions for you. If your spouse dies or loses capacity and you have child or children, then generally that child or children can make those decisions for you, however, children may not be able to agree and complications arise. In order to safeguard against such possibilities, it is prudent to appoint an enduring guardian.
WHY IT’S GOOD TO HAVE AN ENDURING GUARDIANSHIP?
Appointing an Enduring Guardian may give you a sense of security knowing that if anything happens and you are no longer able to make decisions for yourself you have appointed someone you trust to make medical, health and lifestyle decisions on your behalf. If you lose capacity and have not appointed an Enduring Guardian to make important health and lifestyle decisions, an application will need to go to the Guardianship Division, NSW Civil & Administrative Tribunal to have a Guardian appointed for you.
ADVANCE CARE DIRECTIVES ("LIVING WISHES").
Alternatively, you might like to consider an Advance Care Directive, another planning ahead document that provides guidance to those around you when difficult health decisions need to be made. There are no formal requirements for signing, although it is recommended that it be signed and witnessed before your doctor, solicitor or other qualified person.
An Advance Health Care Directive is similar to the above, except that it is far more detailed and requires your doctor to be involved and sign the document. Contact us for a free initial discussion.