Introduction

An Enduring Guardian is someone you appoint to make lifestyle and health decisions on your behalf, when you don't have the capacity to make them for yourself.

You decide the areas or ‘functions’ that you wish to give to your Enduring Guardian. They may include making decisions such as where you live, what services are provided to you at home, and what medical treatment you receive.

You can revoke the appointment and make another appointment at any time, provided you still have the capacity to make such decisions.

Trustee & Guardian can help you by drafting and witnessing your Enduring Guardianship document.

Eligibility

  • You and the person/s you wish to appoint as your Enduring Guardian/s must be aged 18 or over, and understand the nature and effect of the Enduring Guardianship document.
  • Your Enduring Guardian/s must not have any connection with people who provide you with accommodation, health care, or services to support your daily living activities, for a fee.

More information

  • Enduring Guardianship only comes into effect if or when you lose capacity, and is only effective during the period of incapacity, so it may never become operational.
  • You can appoint one or more people to be your Enduring Guardian/s.
  • Enduring Guardianship is not an Advance Care Directive or ‘living will’.
  • If you’ve made your Will or Power of Attorney with NSW Trustee & Guardian, they’ll store your Enduring Guardianship document free of charge, provided you've appointed Trustee & Guardian as your Executor or Attorney.
Last updated: 12 January 2024