What Is An Enduring Guardianship?

A Guardian is someone you appoint under an Enduring Guardian. The appointment needs to occur when you have capacity, and gives your Guardian the power to make personal, health or lifestyle decisions on your behalf should you lose the capacity to make them for yourself or be unable to make these decisions.

You can appoint more than one enduring guardian if you wish, and you can choose which decision-making powers you want your enduring guardian to have.

You could give your enduring guardian as many or as few powers as you like. For example, you can authorise your enduring guardian to decide such things as where you may need to live or what medical treatment you should receive.

Your enduring guardian must act within the principles of the Guardianship Act, which requires them to act in your best interests and within the law. You cannot give your guardian a direction that would involve them in an unlawful act, such as euthanasia.

If you would like to discuss your Will, Probate, Estate Planning or Contested Estate with one of our solicitors, please do not hesitate to contact our office on 1800 600 664, or send a message by completing the contact form.

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