An Enduring Guardianship means that you choose another person, called a Guardian, to act as your decision maker if you lose the mental capacity to make decisions about your lifestyle and health issues.
Lifestyle decisions include where you live and what medical treatment you have.
Enduring Guardianship is different to a Power of Attorney, which allows another person to make financial decisions for you.
You must have mental capacity to make a valid guardianship appointment. This means that you must understand what you are making and the effect it can have on you.
You will need to prepare an Appointment of Enduring Guardian document. You can do this by:
- going to a private lawyer, or
- making an appointment with NSW Trustee and Guardian.
To find a private lawyer, you can use the Solicitor Referral Service on the Law Society of NSW website.
For more information about how to appoint an enduring guardian and to make an appointment with NSW Trustee and Guardian, see What is an Enduring Guardian? on the NSW Trustee and Guardian website.
An Enduring Guardian appointment will come into effect when you are no longer able to make your own personal decisions.
A doctor or specialist might be asked to decide whether your Enduring Guardian should start making decisions for you. Your Enduring Guardian will make lifestyle decisions for you while you can’t.
Yes. If you appoint more than one guardian, you need to decide whether you want them to be able to act jointly, or jointly and severally.
If you appoint them jointly, they must make decisions allowed by the appointment together. This means that they must all agree before any action is taken.
If you appoint them jointly and severally, your guardians will be able to make decisions together or individually.
If you get married after you have made an Enduring Guardianship your appointment is revoked unless your guardian is your new spouse. The revocation in this situation is automatic and you don’t need to complete any forms.
For all other situations, if you have mental capacity and you want to revoke the appointment of your Enduring Guardian, you must notify your guardian in writing that the appointment is revoked. You should prepare a Revocation of Appointment of Enduring Guardianship document.
You can do this by going to a private lawyer.
To find a private lawyer, you can use the Solicitor Referral Service on the Law Society of NSW website.
If you had registered the Enduring Guardianship with NSW Land Registry Services, you will need to register the Revocation form at NSW Land Registry Services.
If you have lost mental capacity and you don't have an Enduring Guardian, your medical practitioner can ask the Person Responsible to make decisions about your treatment for you. The Person Responsible may be:
- your spouse or de facto, including same sex partner
- a person that cares for you (but not a paid carer)
- a close friend or relative.
If you have not appointed an Enduring Guardian but have lost mental capacity, a person (usually a partner, friend or relative) can apply to the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) for an order to be recognised as your guardian.
For more information, see Guardianship and Financial Management Orders.
Useful links
- Carers NSW: Enduring Guardianship
- Justice Connect: Understanding Enduring Guardianship Appointments in NSW
- NSW Civil and Administrative Tribunal: Guardianship Division
- NSW Government: Advance care planning
- NSW Land Registry Services: Registrar General's Guardianship Guidelines
- NSW State Library - Legal Answers: Enduring guardianship
- NSW Trustee and Guardian: What is an Enduring Guardian?
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