Enduring Guardianships

An enduring guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are incapable of making decisions for yourself. You can choose which decisions you want your enduring guardian to make. The decisions are also referred to as functions. You can direct your enduring guardian on how to carry out his or her functions. If you are over 18 years, you can appoint one or more people to be your enduring guardian, however at the time you make the appointment you must have the capacity to understand what you are doing.

You can give your enduring guardian as many or as few functions as you like. For example, you can give them the power to decide on your health care but not where you live. An enduring guardian cannot consent to anything unlawful and cannot:

If you are competent to make an enduring guardianship appointment but you are not able to sign the form, an eligible signer can sign for you. An eligible signer must be over 18 and cannot be the enduring guardian or a witness. You must be present when the eligible signer signs on your behalf.

A witness must be a NSW barrister, a NSW solicitor, a clerk of the Local Court, or an interstate legal practitioner. Every signature on the form must be witnessed. The different signatures can be witnessed by different people at different times and places. For example, your signature can be witnessed in NSW and the enduring guardian's signature can be witnessed in another state.

At Coastal Mobile Legal Service we have assisted a great many clients and their guardians to execute appointments. We pride ourselves on our attention to detail and are only too willing to assist you with your needs.

Please feel free to contact us to discuss your particular requirements.