Wills and Estates : Enduring Guardianship

One way of planning for your own future is to appoint an enduring guardian. If you lose the capacity to make your own decisions, an enduring guardian can make personal decisions on your behalf, such as where you should live and what medical treatment and services you should receive. They can also be given the authority if you so choose to make the decision on turning off life supports.

The NSW legislation governing enduring guardianship is the Guardianship Act 1987. An enduring guardian appointed under the NSW legislation can make decisions which will affect the person under guardianship when they are in NSW.

NSW also recognises the appointments of enduring guardians or their equivalents made under the law of other states and territories of Australia (except Western Australia) so that they can make decisions in NSW for people who appointed them.

Other states and territories of Australia have their own legislation governing enduring guardianship. Some, but not all, of the other Australian states and territories automatically recognise a NSW enduring guardianship appointment as legally valid in those states. This means the enduring guardian will be able to use it in those states. If you are planning to be in another state or move around Australia, you should find out whether the law in the other state to which you are planning to move will recognise a NSW enduring guardianship appointment. If the NSW enduring guardianship appointment is not recognised, you may wish to consider appointing an enduring guardian under the laws of that state or territory. For more information about guardianship laws in other states or territories, you should contact the interstate guardianship organisation. Their contact details can be found at the website for the Australian Guardianship and Administration Committee (www.agac.org.au)

Reviews of enduring guardianship

The Tribunal can review the appointment of an enduring guardian on its own motion or at the request of anyone who the Tribunal considers has a genuine concern for the welfare of the person.

The Tribunal can suspend, revoke, confirm or vary the appointment of an enduring guardian. It can also declare the appointment has effect.

The appointment of an enduring guardian can only be revoked at the request of the appointed enduring guardian or if the Tribunal is satisfied that revocation is in the best interests of the person.

The Tribunal can appoint a substitute enduring guardian if the original enduring guardian has died, resigned or become incapacitated.

Law 9000 Lic.Law 20008 SAI Global