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Estimated Time to Build: 10 - 15 Minutes
Jurisdiction: New South Wales
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The person giving the power to another is called the “Appointor”.
This is a legal document in New South Wales made under the Guardianship Act 1987 Part 2. An Enduring Power of Guardianship has effect only during such period of time as the Appointor who, because of a disability, is totally or partially incapable of managing his or her person.
You cannot appoint a guardian if you are subject to a Guardianship Order.
This hint is provided by Law Central Legal.
This document authorises your Enduring Guardian to make quality of life decisions and medical treatment decisions when you are incapable of making such decisions yourself.
The document enables your Enduring Guardian to make decisions for you such as:
deciding the place (such as a specific nursing home, or your own home) in which the Appointor is to live;
deciding the health care that the Appointor is to receive;
deciding the other kinds of personal services that the Appointor is to receive;
giving consent under Part 5 to the carrying out of medical or dental treatment on the Appointor.
This hint is provided by Law Central Legal.
You as the Appointor must be 18 years of age or older and have full legal capacity to understand the nature of the document and can comprehend what you are doing.
If there is some doubt as to your capacity, then you may seek the opinion of at least one doctor qualified to assess your capacity. When seeking this opinion, you should advise the doctor of your intention to make an Enduring Power of Guardianship and request a written report stating whether or not you have legal capacity (this is just in case someone contests your ability to make the appointment in the future).
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The document once signed and witnessed correctly only comes into effect when it is needed and when you have lost the capacity to make decisions for yourself.
This hint is provided by Law Central Legal.
Your Enduring Guardian can be given a copy or a certified copy of the signed and witnessed document and a certified copy given to your general practitioner and relevant health professionals.
This hint is provided by Law Central Legal.
The form must be completed and witnessed correctly:
The Appointor signs with their normal signature;
Witnessed by one eligible witness present at the time of signing by the Appointor;
If the Appointor is not physically able to sign the form, an eligible signer can sign for the Appointor.
This hint is provided by Law Central Legal.
Sign the form in their usual signature;
Include the full name and address and occupation of the witness;
State the qualification to be an eligible witness;
Insert the date on which they are witnessing acceptance;
Complete the certificate of the witness details.
This hint is provided by Law Central Legal.
Each Enduring Guardian you appoint must sign an acceptance to indicate their acceptance of the appointment.
An eligible witness must be present when an Enduring Guardian signs the acceptance.
The Appointor does not have to be present when an Enduring Guardian signs the acceptance.
The eligible witness must complete the certificate by inserting their name, address and occupation and date of signing.
This hint is provided by Law Central Legal.
Your signature and the signature of your Enduring Guardian/s must be witnessed by:
an Australian legal practitioner;
a registrar of the Local Court;
overseas legal practitioner;
an approved officer from the NSW Trustee &Guardian.
This hint is provided by Law Central Legal.
This document authorises your Enduring Guardian to make quality of life decisions and medical treatment decisions when you are incapable of making such decisions yourself.
The document enables your Enduring Guardian to make decisions for you and as directed by you including:
• deciding the place (such as a specific nursing home, or your own home) in which you are to live;
• deciding the health care that you are to receive;
• deciding the other kinds of personal services that the you are to receive;
• giving consent under Part 5 to the carrying out of medical or dental treatment for you.
An Enduring Guardian cannot make decisions for you on property or financial matters, in which case you need to make an Enduring Power of Attorney.
If you wish to add any specific directions to your Enduring Guardian in your Power of Guardianship relating to your person or include specific powers to your Enduring Guardian then you will need to seek further advice regarding the preparation of a more comprehensive Power of Guardianship than this document. Contact Law Central Legal on (08) 9476 4999 for advice.
This hint is provided by Law Central Legal.
The Enduring Guardian must be 18 years of age or older and have full legal capacity. You should ensure your Enduring Guardian is aware of your personal preferences about your lifestyle and treatment.
You can appoint:
one person as Enduring Guardian; or
2 Enduring Guardians to act jointly and if one Guardian dies, becomes incapacitated or resigns the other can continue to act as your Enduring Guardian.
This hint is provided by Law Central Legal.
You cannot appoint as your Enduring Guardian:
a person who provides your medical or accommodation services on a professional basis;
a person who provides any other services to support the person making the appointment in his or her activities of daily living for a fee or the spouse, parent, child, brother or sister of such a person.
This hint is provided by Law Central Legal.
This document authorises your Enduring Guardian to make quality of life decisions and medical treatment decisions when you are incapable of making such decisions yourself.
The document enables your Enduring Guardian to make decisions for you and as directed by you including:
• deciding the place (such as a specific nursing home, or your own home) in which you are to live;
• deciding the health care that you are to receive;
• deciding the other kinds of personal services that the you are to receive;
• giving consent under Part 5 to the carrying out of medical or dental treatment for you.
An Enduring Guardian cannot make decisions for you on property or financial matters, in which case you need to make an Enduring Power of Attorney.
If you wish to add any specific directions to your Enduring Guardian in your Power of Guardianship relating to your person or include specific powers to your Enduring Guardian then you will need to seek further advice regarding the preparation of a more comprehensive Power of Guardianship than this document. Contact Law Central Legal on (08) 9476 4999 for advice.
This hint is provided by Law Central Legal.
The Enduring Guardian must be 18 years of age or older and have full legal capacity. You should ensure your Enduring Guardian is aware of your personal preferences about your lifestyle and treatment.
You can appoint:
one person as Enduring Guardian; or
2 Enduring Guardians to act jointly and if one Guardian dies, becomes incapacitated or resigns the other can continue to act as your Enduring Guardian.
This hint is provided by Law Central Legal.
You cannot appoint as your enduring guardian:
a person who provides your medical or accommodation services on a professional basis;
a person who provides any other services to support the person making the appointment in his or her activities of daily living for a fee or the spouse, parent, child, brother or sister of such a person.
This hint is provided by Law Central Legal.
This document authorises your Enduring Guardian to make quality of life decisions and medical treatment decisions when you are incapable of making such decisions yourself.
The document enables your Enduring Guardian to make decisions for you and as directed by you including:
• deciding the place (such as a specific nursing home, or your own home) in which you are to live;
• deciding the health care that you are to receive;
• deciding the other kinds of personal services that the you are to receive;
• giving consent under Part 5 to the carrying out of medical or dental treatment for you.
An Enduring Guardian cannot make decisions for you on property or financial matters, in which case you need to make an Enduring Power of Attorney.
If you wish to add any specific directions to your Enduring Guardian in your Power of Guardianship relating to your person or include specific powers to your Enduring Guardian then you will need to seek further advice regarding the preparation of a more comprehensive Power of Guardianship than this document.
Contact Law Central Legal on (08) 9476 4999 for advice.
This hint is provided by Law Central Legal.
The Enduring Guardian must be 18 years of age or older and have full legal capacity. You should ensure your Enduring Guardian is aware of your personal preferences about your lifestyle and treatment.
You can appoint:
one person as Enduring Guardian; or
2 Enduring Guardians to act jointly and if one Guardian dies, becomes incapacitated or resigns the other can continue to act as your Enduring Guardian.
This hint is provided by Law Central Legal.
You cannot appoint as your Enduring Guardian:
a person who provides your medical or accommodation services on a professional basis;
a person who provides any other services to support the person making the appointment in his or her activities of daily living for a fee or the spouse, parent, child, brother or sister of such a person.
This hint is provided by Law Central Legal.
This document authorises your Enduring Guardian to make quality of life decisions and medical treatment decisions when you are incapable of making such decisions yourself.
The document enables your Enduring Guardian to make decisions for you and as directed by you including:
• deciding the place (such as a specific nursing home, or your own home) in which you are to live;
• deciding the health care that you are to receive;
• deciding the other kinds of personal services that the you are to receive;
• giving consent under Part 5 to the carrying out of medical or dental treatment for you.
An Enduring Guardian cannot make decisions for you on property or financial matters, in which case you need to make an Enduring Power of Attorney.
If you wish to add any specific directions to your Enduring Guardian in your Power of Guardianship relating to your person or include specific powers to your Enduring Guardian then you will need to seek further advice regarding the preparation of a more comprehensive Power of Guardianship than this document.
Contact Law Central Legal on (08) 9476 4999.
This hint is provided by Law Central Legal.
This document has been prepared by the law practice Law Central Legal
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