Enduring Guardianship

An enduring guardian is a person who is selected by a person to make personal or lifestyle decisions on their behalf in case you cannot make them for yourself

At the time you appoint an enduring guardian, you must have the capacity to understand the effect of the appointment.

Who can be an enduring guardian?

The person you appoint as your enduring guardian must be:

  • at least 18 years old
  • someone you trust to make decisions in your best interests.

The appointed enduring guardian cannot be a person who, at the time of appointment:

  • provides medical treatment or care to you on a professional basis;
  • or provides accommodation services or support services for daily living on a professional basis;
  • or is a relative of one of the above.

What sort of decisions can an enduring guardian make?

You can give your enduring guardian as many or as few functions as you like.

You can delete the functions you do not want your enduring guardian to have and  add others if you wish. E.g. you can give them the power to decide on your health care but not where you live.

You may give the enduring guardian specific directions about how to exercise the decision making functions you give them.

Should you wish to, you can direct your enduring guardian to consult with a particular close family member or trusted person before making a decision.

What decisions can’t an enduring guardian make?

An enduring guardian cannot consent to anything unlawful and cannot:

  • make a will for you, vote on your behalf,
  • consent to marriage, manage your  finances, or override your objections, if any, to
  • medical treatment.

If at the time decisions are made by your enduring guardian to which you strongly object, the matter can be brought to the Tribunal.

An application must be made to the Guardianship Division of NCAT to authorise medical treatment overriding your objections.

Also, only the Guardianship Division of NCAT can consent to certain special medical treatments.