A bullet point guide to Enduring Guardian in NSW

1. What is an Enduring Guardian?

An Enduring Guardian is someone appointed to make lifestyle, health, and medical decisions on behalf of another person (the appointor) if they lose capacity to make those decisions themselves. Your authority begins only if and when the appointor is no longer capable of making these decisions on their own.

2. Who Can Be an Enduring Guardian?

• You must be over 18 years old
• You must not be a paid carer or health care provider of the appointor
• You should be someone the appointor trusts to act in their best interests

3. Roles and Responsibilities of an Enduring Guardian

As an enduring guardian, you may be authorised to:

• Choose or change the appointor’s place of residence
• Make decisions on personal services needed by the appointor (e.g. in-home care)
• Give or refuse consent to medical and dental treatment
• Access support services on their behalf

The appointor can choose which functions you can perform. These will be listed in the appointment document. You should always:

• Act in the appointor’s best interests
• Take into account their wishes, values, and beliefs
• Make decisions that support their health, safety and wellbeing

4. Limitations of an Enduring Guardian

• You cannot make financial or legal decisions
• You cannot override an Advance Care Directive
• You must not act if the appointor still has decision-making capacity
• You are bound by the specific powers granted in the appointment document
• Your authority ends if:
  • The appointment is revoked
  • The appointor passes away
  • You lose capacity
  • You resign as Enduring Guardian whilst the appointor has capacity
  • The NSW Civil & Administrative Tribunal remove you as Enduring Guardian

If you have been appointed or are wanting to appoint an Enduring Guardian contact us to speak to a lawyer.

Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.

Photo by Marcus Aurelius