Enduring Guardian -

The Appointment

The Appointment of an Enduring Guardian is a difficult decision. However, as you age, the risk of being unable to make decisions about your health and welfare increase.

Proper completion of this document will ensure, that whomever you appoint, can step in and have the power to make the right decisions on these issues, if you are incapable.

WHAT IS IT?

It is a document you create, where you, the Appointer, appoint one or more people, the Appointees, to make decisions on the following:

deciding the place (such as a specific nursing home, or your own home) in which you are to live,

deciding the health care that you are to receive,

deciding the other kinds of personal services that you are to receive,

giving consent under to the carrying out of medical or dental treatment on you,

any other function relating to your person that is specified in the instrument.

So Why Create It?

In the absence of this document, anyone, can step in and make application to become your Guardian. At least, if you create it whilst you are able, you can at least have some say in who will look after you and make these decisions for you.

The appointment of a Guardian, can be terminated by an application to the Guardianship Tribunal, a government department. Click this link, if you want to visit the Home page of the Guardianship Tribunal.

However, the creation of the Enduring Guardianship, is good evidence of your wishes whilst you were able, and it is less likely to be set aside, in the absence of good reason, to do so.

Unlike the Power of Attorney, which deals with financial matters, (Click here to read more about the Power of Attorney.), this document deals with your health and welfare, and, just like the decision, as to who your attorney is, you should only appoint someone, who you absolutely trust, to do as you wish.

How to Create An Appointment of Enduring Guardian.

Like all legal documents, it has to be properly prepared, signed and witnessed. Click here to read about the method of Appointing an Enduring Guardian.

It has to be witnessed by an eligible witness. Click here to find out who is an eligible witness, and other definitions.

Some Facts

You have to be over 18 years of age to appoint a Guardian.
Your appointee has the legal authority to sign documents to give effect to any functions that have been given.
Provided you have legal capacity, you can revoke the Appointment at any time. It must be done in writing.
Your appointee can resign at any time whilst you are mentally competent. However, if you are not, they require the approval of the GuardianShip Tribunal.
You can appoint an alternative Guardian, to step in, if the original Guardian is unable to undertake the functions.
If your appointed and alternative guardian die, whilst you need Guardianship, the Public Guardian is appointed.
Some hospitals, and doctors, are insisting on a guardianship appointment of your spouse, or partner, before they will take directions from that person in regard to medical treatment. This is despite the fact that there are laws stating, that they must.

If you have any desire, for the person you trust, to have the power to make these important decisions when you can't, it is strongly advised you prepare an Enduring Guardian appointment.

Your family lawyer or solicitor can prepare it for you, and they can witness it, to ensure its legal validity.

It is a personal decision, but it is one you should make, whilst you are able.

Phone 02-4332 1055 Fax 02-4333 5144
email legal@drakegroup.com.au

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