Your appointed Enduring Guardian can make personal, health and lifestyle decisions on your behalf. 

This includes where you live, what community or medical services you receive, and what medical or dental treatment you receive. You can give them full authority or limit their powers to specific areas, depending on your wishes. 

No, your appointed Enduring Guardian can only make health and lifestyle decisions on your behalf. 

An Enduring Guardian cannot access your money, sell your property, or manage your bank accounts. Financial matters require a Power of Attorney. To cover both sides, you should appoint both an attorney and a guardian.  

An Enduring Guardianship only starts if and when you lose capacity. 

Unlike a Power of Attorney, your Enduring Guardian has no authority while you can still make your own decisions. Their authority begins if you are medically assessed as unable to make personal or medical decisions. 

You complete the legal form and sign it before an authorised witness. 

The appointment must be in writing on the approved form, signed by you and your chosen Guardian and witnessed by a solicitor, barrister, or registrar. The witness must also certify that you understood the effect of the appointment. In the case that Lawpoint has prepared your Enduring Guardianship, your lawyer will act as witness as well. 

Yes, you can appoint more than one Enduring Guardian and set how they act.

You may appoint multiple Guardians to act jointly (together), severally (individually), or jointly and severally (together or separately). This can provide flexibility and checks and balances, but it should be carefully structured to avoid disputes. It is highly recommended that you seek the advice of Lawpoint before you make any decisions or sign your Enduring Guardianship so that you can understand the impact of each scenario. 

Yes, as long as you still have capacity.

You can revoke or amend your Enduring Guardianship at any time by completing a revocation form and notifying your Guardian. Once you lose capacity, you can no longer make changes, which is why it’s important to review your documents regularly. 

If you don’t have an Enduring Guardian in place and you lose capacity, decisions about your health and care may be made by someone you didn’t choose.

If you lose capacity without an Enduring Guardian, the NSW Civil and Administrative Tribunal (NCAT) may appoint someone to make decisions for you. This could be a family member you wouldn’t have chosen, or even the NSW Trustee and Guardian . Putting a Guardian in place ensures your wishes are respected. 

Different service providers will have different fees or costs for an enduring guardianship. Lawpoint charges a fixed fee of $350 excluding GST. 

Many people typically have us prepare an Enduring Guardianship, Power of Attorney and Will at the same time – for which we offer a fixed package price. Contact Lawpoint to enquire about your enduring guardianship and estate planning needs.