An Enduring Guardianship specifically empowers your nominated 'Guardian' to make lifestyle, health and welfare decisions for you.

The enduring guardian may be directed by you to exercise decision-making functions on your behalf in relation to situations nominated by you (when your decision-making capacity becomes impaired) - such as which hospital or doctors to seek treatment from, euthanasia options or simply deciding where you should spend your retirement years.

Family members, close friends, professionals or anyone who has a genuine and continuing interest in the welfare of an adult with impaired decision-making capacity can apply for a guardian to be appointed.

Your guardian must be over 18 years of age and should be someone you trust implicitly. It could be for example, your spouse, children or significant person in your life.

Generally, guardians can be given the authority to make decisions for an impaired adult such as:

  • 1. where they live
  • 2. what support services they receive
  • 3. with whom they have contact or visits
  • 4. general health care matters
  • 5. the approval of containment and seclusion in certain limited circumstances
  • 6. the approval of chemical, physical or mechanical restraint
  • 7. restricting access to objects
  • 8. other day-to-day issues

Appointing an enduring guardian forms part of holistic estate planning as it allows you the option of choosing someone you trust to act on your behalf.

The appointment will only come into effect when you lose the capacity to make your own personal lifestyle decisions.

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