What does an Enduring Guardian actually decide?

An Enduring Guardian is a person you appoint, while you have capacity, to make personal decisions for you if you later lose the ability to make them yourself. In NSW, the appointment is made under the Guardianship Act 1987 (NSW).

What can an Enduring Guardian decide?

An Enduring Guardian can make decisions about personal, health and lifestyle matters, such as:

where you live;
what health care you receive;
what personal and support services you receive; and
consenting to medical and dental treatment.

An Enduring Guardian cannot manage your money or deal with legal matters. That is the role of an Enduring Power of Attorney.

When does the appointment start?

An Enduring Guardian can act only when you are unable to make the relevant decision yourself. While you have capacity, you continue to make your own decisions.

Who can I appoint?

You should appoint someone you trust who is willing to take on the role. You can appoint more than one person and name a substitute, and you can give directions about how decisions should be made or limit the decisions the guardian can make. If you want your guardian to make decisions about who has contact with you, this should be set out in the document.

What are the formalities?

The appointment must be made in writing, and your signature must be witnessed by an authorised person, such as a solicitor, who must be satisfied that you understand what the document does. The person you appoint must also accept the role.

How is this different from a Power of Attorney?

An Enduring Guardian makes personal, health and lifestyle decisions. An Enduring Power of Attorney makes financial and legal decisions.
Both can be set up so that they continue to operate if you lose capacity.
You can appoint different people to each role.

Can I change it?

Yes, while you have capacity you can update or revoke your appointment. It is a good idea to review these documents when your relationships or circumstances change.

Key takeaway

An Enduring Guardian makes sure someone you trust, rather than a stranger, makes personal and health decisions for you if you cannot. It works alongside, but separately from, an Enduring Power of Attorney, and both should be considered when you are planning ahead.

This article is general information only and does not constitute legal advice. Every matter is different — speak with one of our lawyers about your specific circumstances.

← Back to Family Law Explained