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Enduring Guardianships

An Enduring Guardianship is how you appoint a person you want to make personal decisions for you should you become unable to do so yourself.

It does not operate unless you are incapable of making your own decisions. If there is a question about whether or not you are capable of making decisions, a doctor would be asked to provide an opinion about whether or not you could make decisions.

What decisions can an Enduring Guardian make on my behalf?

  • Where you live;
  • What healthcare you receive;
  • What other personal services you are to receive;
  • Consent to medical or dental treatment for you.

    • The last is generally the most important consideration for people appointing Enduring Guardians. People want to make sure someone has the ability to either say yes or no to treatment, including treatment such as sustaining you on life support.

    How Do l Appoint A Guardian?

    A special form must be completed to appoint an Enduring Guardian. When you ask us to assist you, we obtain the information needed to appoint an Enduring Guardianship, and find out your wishes for how this person should act. We then draft the correct form, and make sure that the correct and appropriate words and concepts are used to make it a binding Enduring Guardianship. Depending on your circumstances, we may also recommend other documents confirming your wishes. We will discuss this with you if you require it.


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    What Happens If I Don't Appoint a Guardian?

    The law decides who is responsible for your personal decisions, and it gives this responsibility to people in the following order:

  • Your guardian, including an Enduring Guardian
  • Your most recent spouse or de facto spouse (including same sex partners) who has a close continuing relationship with you; then, if you have no spouse
  • An unpaid carer who provides support to you, or did so before you entered residential care; then, if no carer
  • A relative or friend who has a close personal relationship with you.

    • If there is any uncertainty about a person's right to make personal decisions on your behalf, then the interested person may apply to the guardianship tribunal for an order to be appointed as guardian.

    This is where there can be difficulties, say if your child disputes your spouse's close personal relationship with you.

    What is the benefit of appointing an Enduring Guardian?

    You decide who makes your decisions, giving you a chance to discuss your wishes with that person, and making sure they are carried through.
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