Wills & Probate - Enduring Guardian

Meeting your personal needs

An enduring guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this for yourself. 

You choose which decisions you want your Enduring Guardian to make which may include:

  • Making health related decisions, eg. operate or no operation
  • Decisions about residency - where you will live and care to be received
  • Life & care directives - no right to resuscitate, no respirators, no artificial nutrition
  • Palliative care
  • Lifestyle - personal care and needs

Obtaining the advice of an experienced guardianship lawyer will ensure that your wishes are legally documented and comply with legal requirements.

Advice from Expert Estate Planning Lawyers

Enduring Guardian

When you appoint an Enduring Guardian you are designating someone to look after your residential and health care issues if you are not able to.

An enduring guardianship can be revoked at any time, providing you have mental capacity.

A Enduring power of attorney is limited to financial powers, while the guardian is focused on the appointor’s personal/lifestyle needs.

It is important to remember that the lifestyle decisions made by an Enduring Guardian may have financial implications and the financial decisions made under a power of attorney may have lifestyle implications. Choosing the right person/s is essential.

The attorney and the guardian can be the same person to avoid any confusion or disagreement. That said, one may be talented in attending to financial issues (financial advisor) whilst the other your lifestyle, (nurse) and therefore will be two separate person/s.

Otherwise, the key is that they need to work co-operatively together.

Expert Advice from our Legal Specialists

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