Enduring Guardianship

An enduring guardianship is an arrangement for others to make decision on behalf of older people should they lose their capacity. An enduring guardianship is concerned with personal, health and lifestyle decisions.

• How do I appoint an enduring guardian?

• When does the enduring guardian start making decisions?

• What is the role of the Guardianship Tribunal?

How do I appoint an enduring guardian?

An appointee is required to accept his or her appointment through an appropriate form. In order for the appointment to be valid it must be signed by both the appointer's and the appointee's and the signatures would need to be witnessed by the same person. The witness also needs to certify that each person signed the instrument voluntarily in his or her presence, and appeared to understand the effect of the instrument.

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When does the enduring guardian start making decisions?

The appointment that you make will only take effect if you lose the capacity to make your own lifestyle or personal decisions.

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What is the role of the Guardianship Tribunal?

The Guardianship Tribunal can do the following with regards to enduring guardians:

• Suspend, revoke, confirm or vary the appointment made

• Can declare that the appointment has effect

• Can appoint a substitute enduring guardian

• Can remove attorneys and appoint a substitute

• Can reinstate lapsed power of attorneys.

If you or your family member wish to plan for the future and Enduring Guardian is a good way to protect people who later down the track may lose their capacity. Remember a enduring guardian only has power if the person loses capacity. it is a precautionary measure.

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If you would like more information or advice about an Enduring Guardianship matter. Complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) +61 2 9223 9166 to arrange an appointment.