The hidden power of an enduring guardian: why you need one now

Many people realise they should have a will so your executor can take care of your affairs after death. What about if you are alive but unable to make your own choices and sign your own consents? This is when an enduring guardian would step in. This role is often forgotten in estate planning but it is a crucial role that cover a massive part of the decision-making in your life. An enduring guardianship allows your trusted person to make critical decisions about your health and daily life if you ever can’t make those calls yourself.

What does an enduring guardian do?

An enduring guardian is a person you select to handle personal, health, and daily life decisions if you ever lose the ability to do so yourself. This might involve choices about your living arrangements, the medical care you get, or even deciding who gets to visit you. It is different from a power of attorney which deals with money and finances. An enduring guardian focuses on your personal care.

Why choosing an enduring guardian is important

If you don’t have an enduring guardian, your family may face a complicated and stressful process trying to get approval from a tribunal to take care of your decisions. Worse, it might let someone you’d never pick take control over these choices about your health and life.

You need to get an enduring guardianship in place now while you are well and have capacity. If you have lost capacity, you will no longer be able to choose your enduring guardian.

These reasons show why picking an enduring guardian matters:

• You make the decisions – You pick a person you trust to look out for what’s best for you and make the same decisions you would make for yourself if you could.
• Lowers stress on family – Your loved ones won’t need to go through a tribunal process before being able to make essential decisions on your behalf. And usually these essential decisions are time sensitive.
• Keeps your wishes clear – You can leave detailed instructions about how you want to be cared for.
• Prevent disputes about your care– Your loved ones may not all of the the same mind as to what the best care for you looks like. Appointing the loved ones you know are better suited for the decisions to be made, and making sure you’ve had a conversation with them about what decisions you would like made, mean you can prevent disputes between different family members arguing over your care.

Real-life story: why having an enduring guardian matters

Imagine Sarah, a 65-year-old woman, has a serious stroke that leaves her unable to speak or make her own choices. Her kids want her to get care at home. But since Sarah never named an enduring guardian, the hospital won’t let her leave without legal approval. This forces her family to deal with the tribunal creating stress, delays, and a lot of unanswered questions. If Sarah had chosen an enduring guardian earlier, her plans could have been carried out right away.

What types of decisions does an enduring guardian handle?

An enduring guardian handles decisions related to:

• Medical treatment – Deciding to approve or refuse medical procedures.
• Living arrangements – Choosing if you stay at home, move to assisted living, or enter a home with higher care.
• Personal services – Deciding the type of care and support you will get.
• End-of-life care – Deciding on life-sustaining treatments based on what you want.

How to pick the right enduring guardian

It is important to choose the right person as your enduring guardian. Think about these points:

• Trust – Pick someone who cares about your well-being, whom you trust to make the same decisions you would want made.
• Understanding – They should know and respect what you value and want. Having a conversation with them about your choices will go a long way to doing this.
• Availability – They need to be ready, willing and able to take on this role when needed.

People often pick a spouse, adult child, or a trusted friend as their enduring guardian, but you are free to pick anyone who you feel is reliable and who is willing to take on this role.

Steps to appoint an enduring guardian

To choose an enduring guardian in NSW:

1. Speak with an experienced estate planning lawyer about how the enduring guardianship can be customised to your circumstances and wishes.
2. Your estate planning lawyer will prepare a draft Appointment of Enduring Guardianship to go through with you before singing it with you.
3. Your chosen guardian/s will need to sign this with a lawyer too (we include free meetings with your guardian/s to go through and sign with them).
4. Your lawyer will then make certified copies of the document for your use and your regular review before storing them in safe custody (we offer free safe custody services).

what if you don’t appoint an enduring guardian?

If you don’t have an enduring guardian and you lose the ability to make decisions, someone with an interest in your welfare (a love done) will need to apply to a tribunal so a decision can be made for someone else to decide things for you. This person could be a government-appointed guardian or someone you wouldn’t want in charge. Your family might have to deal with long legal processes and extra stress just to get permission to assist you.

Enduring guardianship FAQs

1. Can I have multiple enduring guardians? Yes, you can name more than one person, and you get to decide if they’ll work together or handle things separately form one another.
2. Can I update my enduring guardian? As long as you’re still able to make decisions, you can revoke or update your enduring guardian whenever you want.
3. Can my enduring guardian manage my money? No. A power of attorney handles financial decisions.
4. What happens if my enduring guardian can’t step in? You should name a backup guardian so someone is available if your first choice can’t take on the role.

Final thoughts

Choosing an enduring guardian lets someone you trust take charge if life takes an unexpected turn. Don’t delay—pick your enduring guardian now to ensure peace of mind for yourself and your loved ones.

Send us an email at [email protected], give us a call on 📞 1300 034 487 or book in a free 10 minute chat here. 

We’ll look after you.