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Enduring Guardian

Are you considering appointing an enduring guardian?

An Enduring Guardian - Safeguarding Your Future

At Barwick Boitano Lawyers, we understand the importance of planning for the unexpected. That’s why our experienced team offers comprehensive enduring guardian services to help you safeguard your personal and lifestyle decisions in the event of incapacity.
An enduring guardian is a trusted individual you appoint to make important decisions on your behalf if you lose mental capacity due to conditions such as dementia, brain injury, or mental illness. This person will have the authority to make choices regarding your accommodation, health care, access to services, and daily personal matters, ensuring your well-being and preferences are respected.
Appointing an enduring guardian is a significant decision, and our lawyers will guide you through the process with expertise and compassion. We’ll work closely with you to ensure the appointment document accurately reflects your wishes and complies with NSW laws.
Our team understands the sensitivity of this matter and will provide personalized advice tailored to your unique circumstances. We’ll help you choose the right enduring guardian and outline any instructions or limitations you wish to include in the appointment.
Don’t leave your future to chance. Contact Barwick Boitano Lawyers today to schedule a consultation and take the first step towards securing your personal and lifestyle decisions for the years ahead.
Enduring Guardian in New South Wales (NSW)
In NSW, an enduring guardian is a person appointed by an individual (the appointor) to make personal and lifestyle decisions on their behalf if they lose mental capacity due to conditions such as dementia, brain injury, or mental illness.
The enduring guardian’s responsibilities may include decisions regarding:
  • Accommodation and living arrangements
  • Health care and medical treatment
  • Access to services and support
  • Daily personal matters (e.g., diet, dress, hygiene)

The appointment of an enduring guardian is governed by the Guardianship Act 1987 (NSW) and must be made while the appointor has mental capacity. The enduring guardianship appointment takes effect only when the appointor loses mental capacity, as determined by a qualified medical professional.
It’s crucial to choose an enduring guardian carefully, as they will have significant authority over the appointor’s personal and lifestyle decisions. The appointor can specify instructions or limitations on the enduring guardian’s powers in the appointment document.
Establishing an enduring guardianship requires adherence to legal formalities, including witnessing requirements and the appointor’s understanding of the document’s implications. Seeking professional legal advice is recommended to ensure the appointment is valid and accurately reflects the appointor’s wishes.

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Enduring Guardian

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