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Understanding Enduring Guardianship
An enduring guardianship appointment allows a person, known as the appointor, to nominate someone to make personal, health and lifestyle decisions if they lose decision-making capacity.
In NSW, enduring guardianship is governed by the Guardianship Act 1987 (NSW).
Unlike a power of attorney, an enduring guardian cannot make financial decisions. Their authority may include:
- Medical and dental treatment decisions
- Living arrangements
- Support services
- Access to healthcare providers
The appointment only takes effect if the appointor loses capacity.
If no valid appointment exists and capacity is lost, the NSW Civil and Administrative Tribunal may appoint a guardian.
When You Need an Estate Planning Lawyer
Legal advice is important when:
- You are planning for potential future incapacity
- You wish to appoint someone to make medical decisions
- There are complex family dynamics
- You are concerned about who will make decisions if capacity is lost
- You are appointed as an enduring guardian
- A dispute has arisen regarding decision-making
- NCAT proceedings are contemplated
Proper drafting ensures clarity of authority.
Our Legal Services in Enduring Guardianship Matters
We advise individuals and families on personal decision planning, including:
- Enduring guardianship appointments
- Scope of authority advice
- Revocation advice
- Interaction with powers of attorney
- Capacity considerations
- NCAT representation
- Dispute advice
We provide clear advice on statutory compliance and practical operation.
Our Approach to Enduring Guardianship
We begin by identifying the types of decisions you wish your guardian to make. The scope of authority is defined carefully to reflect your preferences and values.
Capacity requirements are assessed to ensure the appointment is valid at the time of signing. We also provide guidance to appointed guardians regarding their statutory duties.
Where disputes arise, we advise on applications to NCAT and the appropriate evidentiary framework.
Our approach is structured and focused on preventative planning.
Why Choose Maguire & McInerney
Maguire & McInerney advises individuals and families on enduring guardianship and related planning documents. Our work is grounded in detailed knowledge of the Guardianship Act 1987 (NSW) and tribunal procedure. We provide clear advice on appointment, scope of authority and dispute resolution, supported by transparent fee arrangements.
Before appointing an enduring guardian, obtain advice to ensure the document reflects your wishes and complies with statutory requirements. Contact our team to discuss your circumstances.
Steps To Get Started
FAQs
Yes, provided you retain legal capacity and comply with statutory requirements.
No. A power of attorney relates to financial and legal decisions, while enduring guardianship relates to personal and medical decisions.
They may make decisions about medical treatment, living arrangements and support services, depending on the authority granted.
An enduring guardian is a person appointed to make medical and lifestyle decisions if you lose capacity.
It only takes effect if you lose decision-making capacity.
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