17-06-10
Heath Adams
An enduring guardianship is a legal arrangement whereby a person (‘enduring guardian’) is authorised to make decisions about a person’s lifestyle and health care in circumstances where they lack the capacity to make these decisions on their own.
Who may benefit from an enduring guardianship?
An enduring guardian may be beneficial to any person who becomes incapable of making decisions regarding their lifestyle and health, such as where they suffer from:
- Alzheimer’s syndrome or dementia;
- Brain injury as a result of an accident; or
- An intellectual or mental condition that impairs their ability to make important decisions.
What can an enduring guardian do for me?
An enduring guardian, within the limits of the guardianship arrangements, may:
- make decisions for your benefit concerning your medical care and lifestyle choices;
- seek professional advice on your behalf concerning medical treatment; and
- monitor your health and wellbeing, and refer you to treatment and support services such as home care and medical practitioners.
Can anyone be my enduring guardian?
Your guardian may be any person(s) over the age of 18 years provided they meet a number of legal requirements and restrictions. Whether you intend to appoint a guardian or have been asked to be a guardian yourself, it is vital that you seek legal advice to ensure the arrangement will be valid and in the best interests of all concerned.
Is there anything an enduring guardian cannot do?
An enduring guardian is not authorised to:
- make a will for you;
- manage your financial affairs;
- override any objections you may have to medical treatments;
- vote on your behalf;
- consent to a marriage on your behalf;
- make any decisions that could lead to abuse, neglect or illegal acts; or
- make decisions for their own benefit rather than for your benefit.
How can Adams and Partners Lawyers assist me?
The team at Adams & Partners Lawyers understand that decisions concerning your medical treatment and lifestyle are highly personal and important. We can assist you with all aspects of enduring guardianships whether you wish to appoint a guardian for yourself, or have been asked to be a guardian to:
- determine whether an enduring guardian is necessary and beneficial;
- prepare the relevant documents; and
- advise you in full with respect to the meaning and effect of the arrangements.
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