Making decisions about your health and lifestyle is important. An Enduring Guardianship allows you to choose someone you trust to make these decisions on your behalf if you lose the capacity to do so. Foye Legal can help you understand the process and create an Enduring Guardianship that reflects your wishes.
An Enduring Guardianship is a legal document that allows you to appoint someone (your Enduring Guardian) to make lifestyle, health, and medical decisions on your behalf if you lose the capacity to make these decisions yourself.
Unlike an Enduring Power of Attorney, which is focused on financial matters, Enduring Guardianship covers personal and medical choices, such as where you live and what healthcare treatments you receive.
Enduring Guardianship only becomes effective when you lose the ability to make decisions for yourself due to illness, injury, or other circumstances that impair your mental capacity. For example:
It’s important to note that an Enduring Guardian cannot make financial or legal decisions—these responsibilities fall under an Enduring Power of Attorney.
You can change or revoke an Enduring Guardianship at any time while you have the mental capacity to do so. If there are concerns about the actions of an Enduring Guardian, an application can be made to the NSW Civil and Administrative Tribunal (NCAT) to review or revoke the appointment.
Enduring Guardianship vs. Enduring Power of Attorney
It is common to appoint both an Enduring Guardian and an Enduring Power of Attorney to ensure all aspects of your care are covered if you lose decision-making capacity.
Both Enduring Guardianship and Enduring Power of Attorney are critical tools in planning for your future, ensuring your wishes are respected if you can no longer make decisions for yourself. However, these documents come with significant responsibilities, and it’s essential to ensure they are properly prepared and executed.
At Foye Legal, we can guide you through the process of appointing an Enduring Guardian and/or Enduring Power of Attorney, ensuring all legal requirements are met and your choices are protected.
At Foye Legal, we provide expert advice on drafting, updating, and safeguarding your will to ensure it meets all legal requirements and reflects your true intentions. Whether you’re creating a new will, revising an existing one, or dealing with a contested will, our team is here to guide you through every step of the process.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
Appointing an Enduring Guardian is a legal process in Australia where you (while you have decision-making capacity) nominate a trusted person to make personal, lifestyle, and healthcare decisions on your behalf if you lose the ability to make these decisions yourself in the future. These decisions can include where you live, what services you receive, and medical treatment.
You can appoint any adult (over 18) who you trust to act in your best interests as your Enduring Guardian in Australia. This is often a family member or close friend. Their authority to make decisions only begins when you lose the capacity to make those decisions yourself, which may need to be confirmed by a medical professional.
While both involve appointing someone to make decisions on your behalf, they cover different areas. An Enduring Power of Attorney in Australia deals with financial and legal decisions (like managing money and property), whereas an Enduring Guardian specifically deals with personal, lifestyle, and healthcare decisions. It’s common to have both documents in place for comprehensive future planning.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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