Enduring Guardianship

Individuals in NSW may appoint an enduring guardian under the Guardianship Act 1987 (NSW) to make decisions that affect them if they lose their capacity (ie their mental ability to make decisions). More than one enduring guardian may be appointed. The enduring guardian may make personal decisions on behalf of the individual, such as where they should live and what medical services they should receive. The enduring guardian is appointed by lodging a form with the NSW Civil and Administrative Tribunal.

The NSW Civil and Administrative Tribunal may review the appointment of an enduring guardian, either on its own initiative or at the request of a person who holds a genuine concern for the welfare of the individual.

The tribunal can suspend, revoke, confirm or vary the appointment of an enduring guardian.

An enduring guardian is not the same as an enduring Power of Attorney. An attorney appointed under an enduring Power of Attorney may make decisions that affect an individual’s property or financial affairs if they lose their capacity. The enduring Power of Attorney must be validly prepared by a solicitor. It must be registered with the Land and Property Management Authority if the attorney is required to deal with the individual’s property.

For more information visit http://www.ncat.nsw.gov.au/ncat/guardianship/gt_matter_about/enduring_guardianship.html

Lawyers

Sydney, Australia

1300 00 2088