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Enduring Guardian

 

An “enduring guardian” occupies a similar role to an attorney with enduring power, but an enduring guardian will generally have wider powers than an attorney.

The Guardianship Act 1987 (NSW) allows you to appoint a person as your guardian, which only has effect when you are in need of a guardian. The guardian can be empowered to decide any or all of the following:

  • The place (such as a specific nursing home, or your own home) in which you are to live;
  • The health care that you are to receive;
  • The other kinds of personal services that you are to receive;
  • The medical or dental treatment to be carried out on you.

An enduring guardian cannot consent to anything unlawful and cannot attend to certain things, including but not limited to:

  • Make a will for you;
  • Vote on your behalf;
  • Manage your finances; or
  • Override your objections, if any, to medical treatment.

If you would like more information or advice on Enduring Guardianship or if you have another Wills & Estate Planning matter, please complete and submit the express enquiry form  or call us on  +61 2 9223 9166 to arrange an appointment.