Enduring Guardian Legal Advice in Newcastle

An Enduring Guardian is a person whom you appoint to make decisions on your behalf. Unlike a Power of Attorney, the decisions which the Enduring Guardian can make relate to your living arrangements, lifestyle and medical treatment.

Why appoint an Enduring Guardian?

Appointing an Enduring Guardian is an important way of preparing for unforeseen injuries or illness which may prevent you from making important lifestyle decisions.

If you have not appointed an Enduring Guardian and you become incapacitated, one of your family members will have to apply to the Guardianship Tribunal to be appointed as your guardian. Therefore, executing Enduring Guardianship documents saves your family the trouble of having to make that application and gives you piece of mind knowing that someone you trust will be making the important decisions on your behalf.

What decisions can the Enduring Guardian make?

You can decide which decisions the Enduring Guardian can and cannot make. For example, you may wish to limit the guardian’s authority to decisions relating to where you are to live. You can also give the guardian instructions in respect of certain decisions.

There are certain decisions which your Enduring Guardian cannot make for you. These include decisions relating to your Will, consenting to a marriage or adoption, voting on your behalf, and appointing someone else as your Enduring Guardian.

When does the Enduring Guardianship start and end?

Unlike a Power of Attorney, the Enduring Guardian’s appointment commences only when you lose capacity to make decisions for yourself. Therefore, you should consider appointing one now so that you are fully prepared if that event occurs.

There are a number of situations which result in the appointment ceasing to have effect. For example, you may revoke the appointment. The appointment is obviously no longer effective once you pass away.

Who should I appoint as my Enduring Guardian?

Like a Power of Attorney, you should only appoint a person whom you can trust to act in your best interests. Often this will be a spouse or child, however, you are free to choose who to appoint subject to some restrictions (for example, the person must be over 18).

Can I appoint more than one Enduring Guardian?

Yes, you may choose the number of guardians whom you appoint. You can also decide whether they are to act jointly or severally or both jointly and severally. This refers to how the decisions are made and what happens if one guardian becomes incapacitated. For example, if the guardians are only appointed jointly, the inability of one guardian at act will prevent the other guardian from acting also.

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