Enduring Guardianship

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What is an Enduring Guardianship?

An Enduring Guardian is someone whom you appoint to make personal, medical and lifestyle decisions for you, if you lose capacity. At Amanda Little and Associates Estates we can assist you in preparation of Enduring Guardian.

By appointing an enduring guardian you choose who you want to make decisions for you if you lose the capacity to do this for yourself.  If you are over 18 years of age, you can appoint one or more people to be your enduring guardian(s).  At the time you appoint an enduring guardian you must have the mental capacity to understand what you are doing. An Enduring Guardianship is sometimes referred to as a Living Will.

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Prior to any consultation with our lawyers, we may ask you to consider:

  1. Who would you like to appoint as your Enduring Guardian?
  2. Do you want to appoint more than one Enduring Guardian and if so, do you want them to be appointed jointly or solely?
  3. What are their full names, address and occupation? In the circumstances where they cannot be your Enduring Guardian, who do you want to be your alternate Enduring Guardian?
  4. Are there specified limitations or directions you wish to make for your Enduring Guardian? E.g. do not resuscitate, no life-preserving measures, no ventilation

Why do I need an Enduring Guardianship?

There are many reasons you may need an Enduring Guardianship including specific requests for medical treatment or refusal of medical treatment (e.g. you do not want life-preserving treatment if you are in a vegetative state). You may want to appoint someone other then your next of kin, or if you are part of a blended family want several people to jointly make decisions on your behalf.

Appointing an Enduring Guardian/s is a personal decision and one of the most important decisions you will make.

Who can I appoint as my Enduring Guardian?

The person you appoint as your enduring guardian must be at least 18 years old and someone you trust to make decisions in your best interests. The enduring guardian cannot be a person who:

  • Provides medical treatment or care to you on a professional basis; or
  • Provides accommodation services or support services for daily living on a professional basis.

You can appoint more than one person to be an enduring guardian however when appointing more than one, you should choose people who can co-operate with each other and who you trust to work together in your best interests.

When does the appointment of Enduring Guardian take effect?

The appointment of your enduring guardian takes effect only if you become unable to make your own personal or lifestyle decisions. Your enduring guardian may wish to seek the opinion of a medical practitioner about your capacity to make decisions before acting on your behalf.

An Enduring Guardianship appointment ends:

  • When you die;
  • If you revoke the appointment;
  • If you marry after appointing an enduring guardian;
  • If one of the guardians dies, resigns or becomes incapacitated and they are appointed jointly (unless you provide otherwise in the form); and
  • If the Guardianship Tribunal revokes the appointment of an enduring guardian.

You need to discuss the appointment with your chosen enduring guardian and make sure they are willing to take on this responsibility

What are important things to consider prior to making an Enduring Guardianship?

Prior to attending you in conference, we will send you paperwork for your consideration. We will ask you to consider the following questions:

  • Who would you like to appoint as your Enduring Guardian;
  • Do you want to appoint more than one Enduring Guardian and if so, do you want them to be appointed jointly or solely?
  • What are their full names, address and occupation? In the circumstances where they cannot be your Enduring Guardian who do you want to be your alternate Enduring Guardian?
  • Are there specified limitations or directions you wish to make for your Enduring Guardian? E.g., do not resuscitate, no life preserving measures, no ventilation

Wish to appoint an Enduring Guardian?

Let our Enduring Guardian Solicitors assist you to formalise your wishes regarding medical treatment by way of Enduring Guardianship. Please contact us to discuss your matter.

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