Enduring Guardianship

If you lose capacity, you will need someone to help you make decisions about where you live, what medical and dental treatment you receive, what medical staff and allied health professionals you see. In NSW this is called an enduring guardian.

An enduring guardian is someone you appoint to help you make those decisions. You may also include directions in the document that will be binding on the guardian, such as end of life directions regarding resuscitation and so on.

It does not enable someone to deal with the assets, finances and property of the person under guardianship.

It is often a requirement for entering aged care facilities, and some hospitals require them for people over 70 years.

We explain what the role of a guardian is, why you should consider having one, and the limitations on them.

If you or someone you know needs one, but has lost capacity, we can assist you through the procedure for the Tribunal to make a guardianship order.

For NDIS recipients, we have experience in making applications to the Tribunal for restrictive practices to be implemented. Restrictive practices can include locks on doors, personal items kept under lock or medication to modify behaviour.