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Enduring Guardianship

An Appointment of a Guardian is, in essence, the appointment of someone to make decisions on your behalf concerning your wellbeing when you are not in a position to do so. For instance, if you are injured or ill and are unable due to the injury or illness to make decisions as to what medical treatment or care should be provided to you, then appointing a Guardian will enable that person to make those decisions for you.

Nominating someone you trust by appointing them as an Enduring Guardian is prudent to ensure your wellbeing is looked after when you are not in a position to do so for yourself. If you do not appoint an Enduring Guardian, should you become mentally incapacitated, an appointment will be made by the Guardianship Tribunal or the Supreme Court of New South Wales.

Usually the Guardianship appointment is limited to making decisions of a lifestyle nature, primarily in respect of medical treatment and care. Therefore, the usual provisions as to what the Guardian may determine are as follows:

  • to decide where you should live
  • to decide what health care you should be given
  • to decide what personal services you should be provided
  • to decide as to what medical or dental treatment should be carried out on you
The responsibilities can be wider than those set out above, but they need to be carefully considered and the document carefully drafted to ensure that the intention is clear and effective.

Here at Court Legal we can assist you with the formal processes required for valid appointments and help you avoid the prospect of your family having to make difficult decisions.

Enduring Guardianship

Want to appoint an Enduring Guardian?

Our Team can advise you in relation to appointing an Enduring Guardianship so that you have total control over who is going to look after you when you lose the capacity to do so yourself. For an obligation free quote and advice in relation to an Enduring Guardianship document, submit your details and one of our experienced Team will contact you.

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