Enduring Guardianship
Peace of mind for your health, care and lifestyle decisions.
Reviewed by Jacinta Watkins, Partner – Estate Planning and Deceased Estates. Last updated November 2026.
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Enduring Guardianship at a glance
- An Enduring Guardian makes personal, health, medical and lifestyle decisions for you if you lose capacity.
- The appointment only takes effect if you become unable to make these decisions yourself.
- You must be 18 or older and have capacity when you sign. You can appoint one or more guardians and an alternate.
- An Enduring Guardian can’t make financial decisions. That is the role of an Enduring Power of Attorney.
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 ALA Law (formerly Amanda Little and Associates Estates) we can help you prepare an Appointment 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 18 or older, 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 different from an Advance Care Directive (sometimes called a ‘living will’), which records your own instructions about future medical treatment. Many people make both.
Enduring Guardian, Power of Attorney or Advance Care Directive: what’s the difference?
These three documents work together but do different jobs. Many people put all three in place at the same time as their Will.
Enduring Guardian
- What it covers
- Personal, health, medical and lifestyle decisions, such as where you live and the health care you receive.
- Who decides
- The Enduring Guardian(s) you appoint.
- When it applies
- Only if you lose capacity to make these decisions yourself.
- Good to know
- Cannot make decisions about your money or property.
- What it covers
- Your financial and legal affairs, such as bank accounts, bills and property.
- Who decides
- The attorney(s) you appoint.
- When it applies
- Usually once your attorney accepts the appointment, unless you state it only starts if you lose capacity.
- Good to know
- Cannot make health or lifestyle decisions for you.
- What it covers
- Your own directions about future medical treatment and end-of-life care.
- Who decides
- You do, in advance. It records your wishes so others can follow them.
- When it applies
- If you are seriously ill or injured and unable to make decisions for yourself.
- Good to know
- Works alongside your Enduring Guardianship. A valid Advance Care Directive must be followed.
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 than 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 NSW Civil and Administrative Tribunal (NCAT) revokes the appointment.
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
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Get your estate planning sorted with our Peace of Mind Package
Put the essential documents in place to protect yourself, your wishes and the people you love.
Your Peace of Mind Package includes:
Standard Will · Power of Attorney · Appointment of Enduring Guardian
$1,100* per person
$1,850* per couple
*plus disbursements. Available until 30 November 2026.
Enduring Guardianship FAQs
Can’t see your question here? Our Estate Planning team is happy to talk it through.
Can an Enduring Guardian make financial decisions for me?
No. An Enduring Guardian makes personal, medical and lifestyle decisions, such as where you live and the health care you receive. Decisions about your money and property are made by an attorney appointed under an Enduring Power of Attorney. Many people put both documents in place at the same time as their Will.
What happens if I lose capacity without an Enduring Guardian?
A spouse, close family member, friend or carer may be able to consent to some medical treatment for you as your “person responsible”. For other decisions, such as where you live, an application may need to be made to the NSW Civil and Administrative Tribunal (NCAT), which can appoint a guardian for you. This could be a family member or the NSW Public Guardian. Appointing an Enduring Guardian means you choose who makes these decisions.
How do I make an Appointment of Enduring Guardian in NSW?
The appointment must be made in the approved form. You sign it in front of an eligible witness, such as a lawyer or a registrar of the Local Court, who confirms you appeared to understand what you were signing. Each guardian also signs to accept the appointment. Our team can prepare the document, explain your options and witness it for you.
Can I change or revoke my Enduring Guardianship?
Yes. While you still have capacity, you can revoke the appointment in writing, signed in front of an eligible witness, and make a new one. Let your guardian(s) and anyone holding a copy know about the change. Remember that marrying after you make the appointment will also revoke it.
Do I need to register my Enduring Guardianship?
No. There is no register for Enduring Guardianship appointments in NSW. Keep the original somewhere safe and give copies to your guardian(s), your GP and anyone else who may need to rely on it, such as a hospital or aged care provider.
What our clients say
Were looking to update our wills and decided we also needed enduring guardianship and power of attorney. Through speaking to my sister-in-law we heard of ALA. We couldn't be more satisfied with the level of service we received. Julia and Narelle were both friendly and professional. Really appreciated their efforts and support.
KateALA Law client
We recently worked with ALA Law to prepare our estate planning, including our will and power of attorney, and we couldn’t be happier with the experience. The team was professional, knowledgeable, and made the entire process straightforward and stress-free. They took the time to explain everything clearly and ensured our wishes were properly documented. Highly recommend their services!
ClareALA Law client
★★★★★This was the second time I have used Amanda Little & Associates for Probate and Estate matters. On both occasions the team has been proactive and supportive throughout the process which included the disposal of property and shares.I have also used them for the preparation of Power of Attorney, for my wife and myself. I have no hesitation in recommending the business to future clients
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Meet our Estate Planning Lawyers
Amanda Little
Family Law Accredited Specialist
Amanda has spent more than 20 years in family law. She is an Accredited Specialist, Mediator, Family Dispute Resolution Practitioner and Collaborative Family Lawyer, and the Principal Partner of ALA Law.
Jacinta Watkins
Partner
Estate Planning and Deceased Estate
Collaborative Professional
Jacinta leads our wills and estates work, from estate planning and powers of attorney to probate and deceased estates.
Bernadette Melhem
Partner: Family Law
Accredited Specialist Family Law, Mediator
Bernadette helps families with property, children’s matters, child support and care and protection matters, as well as estate planning.
Jayne Howarth
Associate
Jayne assists clients across family law and estates, including property settlements, children’s matters, deceased estates and contested estates.
Jessica Bristow
Associate
Jessica works across estate planning, deceased and contested estates, property law and family law.
Julia Davies
Associate
Julia helps clients with children’s arrangements, property settlements, divorce, child support and estate planning.
Nicola Ayers
Special Counsel
Nicola specialises in family law, with added expertise in commercial litigation and wills and estates. Her balanced, empathetic, plain English approach sets her apart.
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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