When you have planning ahead documents such as a will, powers of attorney and enduring guardianship and an Advance Care Directive in place, then you will know that you have done everything you can to make certain that both your future and your loved ones’ futures are covered.
WHY YOU SHULD HAVE AN ENDURING GUARDIANSHIP IN PLACE
An Enduring Guardian is the person you legally appoint to make decisions about your health and lifestyle in the event you cannot make these decisions for yourself.
It is vital that you appoint a Guardian before you lose capacity otherwise the appointment will be invalid. If you are in the early stages of dementia you may still be able to make an appointment but it is wise for a solicitor or a medical practitioner to attest that this is the case.
What does an Enduring Guardian do?
They make very important decisions regarding:
where you will live and the services you might receive
what healthcare, medical and dental treatment you receive.
consult on decisions during your end-of-life stage and advance care plans.
They cannot make decisions about financial and legal matters. The appointment continues for as long as you need it unless:
• you revoke or cancel it while you have mental capacity to do so
• your Enduring Guardian resigns from the role, dies or is unable to carry out the role
• the appointment is changed or revoked by the Guardianship Division of NSW Civil and Administrative Tribunal (NCAT) or the NSW Supreme Court.
When the Guardianship Application is drafted you can provide information to help your Enduring Guardian know how they should use their authority.
For example, you might direct them to seek advice from your doctor or medical specialists before they make certain decisions.
It’s important to remember that directions or limits should be applied thoughtfully as they can remove flexibility in decision making.
Who should I appoint as my Enduring Guardian?
They should be someone you trust such as a spouse, family member or friend.
If you do not have an Enduring Guardian and decisions need to be made on your behalf, a court or tribunal may need to appoint someone to make decisions for you.
It is essential the person you appoint:
• is willing to take on the role
• can make decisions in difficult and emotional circumstances
• understands your needs, wishes, values and beliefs
• is easy to contact when decisions need to be made
• understands they won’t be paid to undertake this role.
You cannot appoint a professional person like your doctor or assisted living facility provider to be your Enduring Guardian unless they are your carer and are receiving the Centrelink Carer’s Allowance.
Flanagan Legal Newcastle can assist you to draft an Enduring Guardianship at a very reasonable cost.