Appointment of Enduring Guardian

Why appoint an enduring guardian?
Appointing an enduring Guardian ensures you have the choice of appointing and nominating who has legal authority to make personal or lifestyle decisions on your behalf.You can choose what decisions your guardian can make for you. Amendments to the Guardianship Act now give you a way to appoint an enduring guardian. You can appoint more than one guardian if you wish.

What is an enduring guardian?
An enduring guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this for yourself. You choose which decisions you want your enduring guardian to make. These are called functions. You can give your guardian directions on how to carry out the functions.

What sort of decisions is an enduring guardian unable to make?
An enduring guardian cannot make a will for you, vote on your behalf, consent to marriage, manage your finances or override your objections, if any, to medical treatment.

Who can appoint an enduring guardian?
If you are over 18 years, you can appoint one or more people to be your guardian. When you appoint an enduring guardian you must have the capacity to understand what you are doing.

Who can be an enduring guardian?
The person you appoint as your enduring guardian must be at least 18 years old. Your chosen guardian should be someone you trust to make decisions in your best interest if you are not capable of making decisions for yourself. Your guardian must act within the principles of the Guardianship Act, in your best interests and within the law. You cannot give your guardian a function or a direction which would involve them in an unlawful act.

The appointed guardian cannot be a person providing treatment or care to you on a professional basis at the time of appointment. You can appoint more than one person.

When does it take effect?
The appointment of your enduring guardian takes effect only if you become unable to make your own personal or lifestyle decisions.

Can I change my mind?
While you are capable of making your own decisions, you can revoke the appointment of an enduring guardian or appoint a different person.

Does anyone check on the actions of my enduring guardian?
Although The Guardianship Tribunal can revoke the appointment or change the functions in the appointment,the Tribunal does not supervise enduring guardians and will only become involved if it receives an application or receives information which leads it to initiate a review of your appointment.

When does enduring guardianship end?
Enduring guardianship ends when you die, if you revoke the appointment, or if the Tribunal makes a guardianship order or suspends the appointments.