Enduring power of guardianship is a legal document that authorises a person you choose to make important personal, lifestyle and medical care treatment decisions for you, should you be unable to make them yourself. An enduring power of guardianship cannot make financial or legal decisions for you, such as buying and selling property.
An enduring power of guardianship must be 18 years of age or older and have full capacity to agree to the terms. There can be more than one person appointed as joint enduring guardians, but they must both agree on the decisions they make on your behalf. It’s best not to appoint more than two enduring guardians. If one or more of your guardians can no longer perform their duties in this role, you can appoint a back-up guardian.
You can authorise your guardian to make the same range of decisions as a plenary guardian, who would be appointed by the State Administrative Tribunal.
Your enduring power of guardianship can make decisions like:
- Decide where you live (temporarily or permanently)
- Decide who you live with
- Decide if you work and other matters related to that work
- Make medical, surgical and dental treatment decisions on your behalf, which includes palliative care and life support and resuscitation
- Decide on any education and training you undertake
- Decide who you associate with
- Start, fulfill or settle any legal proceedings you may be involved in, except proceedings relating to your property or estate
- Advocate for you regarding support services you receive
- Seek information on your behalf
You can restrict these powers, for example you may wish your guardian to determine your treatment decisions, but not where you live (since this may already be organised) or with whom you can associate.
You may also need a general power of attorney or an enduring power of attorney.
Call us today for a free chat about your estate planning needs.