Enduring Guardian

What Is an Enduring Guardian?

An Enduring Guardian is a person you legally appoint to make certain personal, health and lifestyle decisions on your behalf if you lose the capacity to make those decisions for yourself.

The appointment allows you to choose someone you trust in advance, rather than leaving important decisions to be made without clear authority if illness, injury or disability affects your decision-making capacity.

You decide which functions your Enduring Guardian will have. Depending on the terms of the appointment, they may be authorised to make decisions about:

1. where you live and the accommodation or care services you receive;
2. healthcare and medical or dental treatment, subject to applicable consent laws;
3. personal services that support your daily needs; and
4. other personal and lifestyle matters specified in the appointment document.

You may give your Enduring Guardian directions about how their functions should be exercised, provided those directions are lawful and practical.

An Enduring Guardian can act only when you are unable to make the relevant personal, health or lifestyle decision for yourself. While you retain capacity, you continue to make your own decisions.

The appointment generally continues while it is needed, unless it is revoked while you have capacity, the guardian resigns or becomes unable to act, or the appointment is changed or revoked by the NSW Civil and Administrative Tribunal or a court.

Your Enduring Guardian should be an adult you trust to understand your wishes, communicate with healthcare providers and service organisations, and make careful decisions in your best interests. The person must agree to accept the appointment.

You may appoint more than one Enduring Guardian and specify whether they must act together or may exercise their functions separately. You may also appoint an alternative Enduring Guardian to act if your first choice cannot continue.