Appointment of an Enduring Guardian
Things you should know
- An ‘Enduring Power of Attorney’ and an ’Enduring Guardian’ are different.
- An Attorney appointed under a Power of Attorney cannot make medical decisions.
- An Enduring Guardian must be appointed with advice from your solicitor and the guardian can only accept the appointment after advice has been provided by a lawyer, or other statutorily identified person.
- Appointment of an Enduring Guardian is not the same as an advanced care directive.
- You can appoint guardians to act jointly or severally.
The Messner & Blunden Difference:
- We’ve been preparing documentation for the appointment of Enduring Guardians since the Guardianship Act’s 1987 inception.
We carefully consider and advise you as:
(a) to the potential conflicts that could arise from jointly-appointed guardians and management strategies that can be adopted, such as a decision where joint guardians are appointed;
(b) the types of matters such as maturity and expertise that you should consider when appointing a guardian;
(c) the limits you should put on your guardian.
Why would you need this service?
An Enduring Guardian is someone appointed to make important lifestyle and health decisions on your behalf, in case you’re ever physically or mentally incapacitated and are unable to do so.
Doctors could ask your guardian to make medical decisions such as which treatment to use or when to cease providing care altogether. A guardian can also make practical decisions about where you should live and what kind of services you receive.
When you appoint an Enduring Guardian, you choose which functions and responsibilities to give them. You’re free to revoke and make appointments whenever you like.