| We all prefer to decide for ourselves where we live, who we see, which doctor we go to, what medical
treatment we will receive and what services we will have. Unfortunately this is not always possible. Every day people are involved in accidents or become sick. Sometimes this can lead to them being unable to make decisions for themselves. You can choose what decisions your guardian can make for you.
What is an enduring guardian?
An Enduring Guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this for yourself. You choose which decisions you want your Enduring Guardian to make. These are called functions.
What sort of decisions can an enduring guardian make?
You can give your Enduring Guardian as many or as few functions as you like. The form includes examples of possible functions. You can give your guardian a function, for example to decide where you should live, and direct that they can override your objections to their decision if it is in your best interests to do so.
What sort of decisions is an enduring guardian unable to make?
An enduring guardian cannot make a Will for you, vote on your behalf, consent to marriage, manage
your finances or override your objections, if any, to medical treatment.
Who can appoint an enduring guardian?
If you are over 18 years, you can appoint one or more people to be your guardian. When you appoint an enduring guardian you must have the capacity to understand what you are doing.
Who can be an enduring guardian?
The person you appoint as your enduring guardian must be at least 18 years old. Your chosen guardian should be someone you trust to make decisions in your best interests if you are not capable of making decisions for yourself. You cannot give your guardian a function or a direction which would involve them in an unlawful act. The appointed guardian cannot be a person providing treatment or care to you on a professional basis at the time of appointment.
How do I appoint an enduring guardian?
You need to discuss the appointment with your chosen guardian in details and make sure they are willing to take on this responsibility if you can no longer make decisions for yourself.
What should I do with the appointment?
It's a good idea to keep the appointment form in a safe place. Tell someone else where it is.
When does it take effect?
The appointment of your enduring guardian takes effect only if you become unable to make your own personal or lifestyle decisions. Your guardian may wish to seek the opinion of a medical practitioner about your capacity to make decisions before acting on your behalf.
Can I change my mind?
While you are capable of making your own decisions, you can revoke the appointment of an enduring guardian. You can appoint a new person as your enduring guardian.
When does enduring guardianship end?
Enduring guardianship ends when you die, if you revoke the appointment, or if the Tribunal makes a guardianship order or suspends the appointment.
Speak to US about making an Enduring Guardian and answering any questions you may have.
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