Elder
7. Enduring Guardianships
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Jul 2015
- In NSW the appointment of an enduring guardian is regulated by the Guardianship Act 1987 (NSW). An enduring guardian cannot make decisions about a person’s finances or assets but they can make decisions about:
- accommodation;
- health;
- medical and dental treatment; and
- services.
- In order to appoint an enduring guardian in NSW the appointer (person seeking appointment) must complete the approved form.
- The form can be downloaded from the NSW Public Guardian website at http://www.publicguardian.justice.nsw.gov.au/publicguardian/pg_forms.html.
- You may appoint more than one person as an as an enduring guardian. The person(s) being appointed must sign the form to accept their appointment.
- An eligible witness must witness the form being signed by all parties. The following persons are an considered to be an eligible witness:
- a legal practitioner;
- a registrar from the Local Court; or
- an approved officer from the NSW Trustee and Guardian agency.
- Both you and your enduring guardian should keep a copy of the appointment form. It is a very important legal document and should be kept in a safe and secure place.
- If you are unhappy with your enduring guardian and still have capacity to make decisions you may revoke the appointment through filling out an approved form. The relevant form can be downloaded from the NSW Public Guardian website as listed above.
- An enduring guardian may resign at any time by giving written notice to the appointer. If the appointer no longer has mental capacity then the enduring guardian must seek approval to resign from the NSW Civil and Administrative Tribunal. The relevant form can be downloaded from the NSW Public Guardian website as listed above.
- Although the process described in this section relates to the process in NSW there are similar procedures for appointing an enduring guardian in other states and territories of Australia. If you wish to appoint an enduring guardian you should consult with a lawyer in your state or territory of residence.
- Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
View more Information on Personal Law