Enduring Guardianship – FAQs

The enduring guardianship is a simple legal document that can save a lot of hassle and expense if put into place BEFORE it is needed. Read through these few FAQs relating to the enduring guardianship and appointing a guardian, and call our office on 02 9687 8885 if you still have any questions.

  • An enduring guardianship is a legal document in which you appoint someone (ie, your guardian) to be able to make decisions on your behalf about your care and welfare if you lose your mental capacity and are unable to make decisions for yourself or look after yourself.
  • Your enduring guardian will be able to make decisions about where you live, what health or dental care you receive, what personal services you require and any other matter relating to your care and wellbeing. Your enduring guardian cannot make decisions about your financial matters. You need to appoint an attorney (under general power of attorney or enduring power of attorney) to look after your financial matters.
  • If you lose your mental capacity and you are unable to look after yourself, someone will need to look after you. Generally, the person who will be responsible for you will be your next of kin or close family and there could be others – but if you want to choose who that person will be rather than leave it to circumstance, then you need to appoint that person as your enduring guardian with an enduring guardianship (and you need to do it while you can because you cannot do it after you lose your mental capacity or you are considered to be unable to make decisions for yourself).
  • Appointing an enduring guardian is as simple as making an appointment with us by calling our office on 02 9687 8885. In order to be legally valid, there are some formal requirements (such as obtaining legal advice) that you must follow before and when signing the enduring guardianship. We ensure that those formal requirements are satisfied to avoid any future problems. Your enduring guardian must also follow some formal requirements when signing the enduring guardianship in accepting their appointment and we can also guide you and your enduring guardian through this process.
  • Deciding on who you should appoint as your enduring guardian is an important decision. It can sometimes be a simple decision because you may naturally choose the person who is closest to you, however if you are not sure you should remember that the person you appoint will be responsible for your care and welfare when you cannot look after yourself. Always consider choosing someone you trust who has your best interests at heart and understands your values and wishes. Most people will naturally choose a spouse, a child or a close family member or friend.
  • Although we offer fixed professional fees to prepare and witness the enduring guardianship, the total cost may vary depending on the situation with your intended enduring guardian as they will also need to obtain legal advice. Otherwise, the cost to appoint an enduring guardian is not expensive compared to the importance of this legal document and the legal cost and hassles that can prevail if you do not have it in place when you need it.

    To find our more about our services in assisting you with the enduring guardianship, please request a quote or call our office on 02 9687 8885.

  • Yes, you can appoint as many enduring guardians as you like, however appointing multiple enduring guardians can create other legal and practical complications and so you should discuss your intentions with us before doing anything further. You can consider appointing more than one enduring guardian as joint guardians or alternate guardians. Each of your guardians must obtain legal advice before they accept their appointment as your enduring guardian.
  • Yes, Enduring Guardianship appointments made in other States and Territories are automatically recognised in New South Wales.