Enduring Guardianships
Wills & Estate Planning
Appointments Of Enduring Guardians in Newcastle NSW
In New South Wales, an Appointment of Enduring Guardians is used to appoint someone to make health and living arrangement decisions. At Burgess Thomson in Newcastle, our Wills & Estate Planning lawyers can guide you through the application process for Appointments of Enduring Guardians.
You decide the responsibilities that you wish to give to your Enduring Guardian. These could include making decisions such as where you live, what services are provided to you at home, and what medical treatment you receive.
It’s really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.
We can also help Witness these documents to ensure they are valid.
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Common Questions & Answers
Who can make an Appointment of Enduring Guardianship?
- Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are.
When should I make an Appointment of Enduring Guardianship?
- Before you need them! These documents safeguard your interests in the event of something unforeseen – an accident or illness that robs you of your capacity to make decisions for yourself. It is better to be prepared and confident in knowing that the person you choose will be making important decisions about your money, your living arrangements and your health.
When does it come into effect?
- 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.
Who should I appoint to be my Guardian?
- You need to appoint someone you trust to make the right decisions. They 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.
How many Enduring Guardians can I choose?
- You can appoint more than one person if you wish, and you can specify exactly how they make their decisions – jointly or separately.
- Yes, you can revoke the appointment and appoint a different Guardian as long as you still have the decision-making capacity to do so you can revoke or change these documents.
