When people think about planning for the future, they often focus on wills and powers of attorney. Just as important, but often overlooke, is the Appointment of Enduring Guardian.
As a NSW wills and estates lawyer, I regularly see families caught off guard because this document was never put in place. This article explains what an enduring guardian does, the choices you can make, when it operates, and how it can be changed.
What Is an Enduring Guardian?
An enduring guardian is a person you legally appoint to make personal, lifestyle and medical decisions for you if you lose the ability to make those decisions yourself.
You are called the appointor. The person you appoint is your enduring guardian.
This document only operates if and when you lose capacity. While you have capacity, you remain in control of all decisions.
What Decisions Can an Enduring Guardian Make?
An enduring guardian can be authorised to make decisions about:
- Where you live (for example, staying at home, moving into care, or changing facilities)
- Your day-to-day lifestyle and personal services
- Access to health care and medical treatment
- What services you receive (such as home care or support services)
They do not manage your money or property. Financial decisions are dealt with under a power of attorney, which is a separate document.
What Selections Can You Make?
An appointment of enduring guardian can be carefully tailored to suit you. Common choices include:
- Appointing one guardian, joint guardians, or substitute guardians
- Giving broad authority, or limiting decisions to specific areas
- Including directions about medical treatment, accommodation preferences, or religious or cultural wishes
- Stating who your guardian must consult with before making decisions
When Does an Enduring Guardian Act?
Your enduring guardian cannot override your decisions while you have capacity.
They only step in when:
- You are assessed as lacking decision-making capacity; and
- A decision needs to be made about your personal or medical affairs.
This safeguard protects your autonomy.
Can an Appointment of Enduring Guardian Be Revoked?
Yes. You can revoke or change your appointment at any time while you still have capacity.
This is usually done by signing a formal revocation or a new appointment document. Your guardian and relevant health providers should be notified.
Once capacity is lost, you can no longer revoke or change the appointment. At that point, changes can usually only be made through the NSW tribunal or court system.
Does an Enduring Guardian Need to Be Registered?
No. Unlike a power of attorney dealing with property, an appointment of enduring guardian does not need to be registered.
However:
- Health providers often require a certified copy; and
- Clear drafting reduces disputes or delays in emergencies.
What Happens If You Don’t Appoint One?
If you lose capacity and do not have an enduring guardian:
- Family members may disagree about care decisions
- Medical providers may be uncertain who has authority
- An application may need to be made to NSW Civil and Administrative Tribunal, which can be stressful, time-consuming, and expensive
Importantly, the tribunal - not you - will decide who is appointed.
Why This Document Matters
An appointment of enduring guardian:
- Gives you control over who speaks for you
- Reduces conflict between loved ones
- Helps doctors and carers act quickly and confidently
- Ensures your personal values are respected
It is just as important as a will or power of attorney and works alongside them as part of a complete estate plan.
Final Thoughts
An enduring guardian is about dignity, autonomy, and peace of mind. It ensures that if you cannot make decisions yourself, the right person can step in and act in your best interests.
If your circumstances change, such as relationships, health, or family dynamics—it’s wise to review your appointment to make sure it still reflects your wishes.
Please give our team at Sylvania Legal and Conveyancing a call — we’re happy to help you with your power of attorney.
Telephone: (02) 9544 6443
Email: info@sylvanialegal.com.au
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