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.
NSW Trustee & Guardian can help you complete your Enduring Guardianship document when you prepare a Will and Power of Attorney with them. You can get started by completing an Appointment of Enduring Guardian form.
What you'll need
- the Appointment of Enduring Guardian form.
How to appoint
- Check the eligibility requirements.
- Select the 'Download PDF form' button.
- Print and complete the form. You and your Enduring Guardian/s need to sign the form and have your signatures witnessed by an eligible witness.
- Store the original form in a safe place, for example where you keep your Will and Enduring Power of Attorney documents.
- Give a copy of the completed form (ideally a certified copy) to your Enduring Guardian/s, and tell them where the original form is located.
- 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.
Things to keep in mind...
- 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.
- NSW Trustee & Guardian can witness and explain the Enduring Guardianship document, but they are unable to offer advice relating to Enduring Guardianship issues.