An Appointment of Enduring Guardianship is a document that appoints a person (your guardian) who will make decisions relating to your health and lifestyle when you are unable to do so. This includes decisions about the type of medical care and treatment, nursing home or retirement village.
It will only come into effect when you lose the mental capacity to make decisions for yourself. For example if you are in surgery but only under local anaesthetic, you will need to make the decision about your health. However if you are unconscious or under anaesthetic, then your doctor will ask your enduring guardian to make a decision about your health.
You should consider preparing an appointment of enduring guardianship if:
You are over 50 years old
You are experiencing health issues
You expect a deterioration of your mental capacity
You wish to future plan in case something happens to you
Your appointed enduring guardian should be a person who you trust will respect your wishes, consider medical advice and will make decisions for your best interest. Most people have a primary enduring guardian and a default who will only step into the shoes of an enduring guardian if the primary enduring guardian is unable to fulfil their duties.
Many people consider appointing their spouse as their primary enduring guardian, and their adult child as their default enduring guardian. You should consider whether the enduring guardian will have the ability, mental capacity and availability to act as your enduring guardian. As people age, many people appoint their adult children as their primary enduring guardian as their spouse would also be elderly and are likely to be experiencing the same health issues as the person appointing an enduring guardian.
The Enduring Guardian will need a certificate of independent legal advice upon signing and accepting their appointment.
Many people also prepare an Advanced Care Directive along with an Appointment of Enduring Guardianship.
An Advanced Care Directive is a document that details your preference in the type of health care treatment and deals with serious decisions. This can include whether they wish to remain on life support systems when there is no quality of life.
Whether you choose to prepare an Advanced Care Directive with an Appointment of Enduring Guardianship or not, we strongly recommend that you discuss your medical and lifestyle preferences with your enduring guardians and loved ones. It can be a difficult, awkward and upsetting conversation to have with them. However it is important that you share your preferences of medical care and treatment with your appointed guardian and your family so that everyone is on the same page.
Sharing your wishes will also minimise the risk of disputes between family members. It will also take away the guilt of making difficult decisions from your guardian if they are aware of your wishes. This will also avoid a situation where your guardian makes a difficult decision about your health treatment in line with your preferences and wishes despite other family members who do not agree with their decision. The guardian is bound by your directions in the Appointment of Enduring Guardianship.
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*** Disclaimer:
Information on this website or post does not constitute legal advice and that electronic dialogue with readers does not constitute any form of client engagement unless specifically agreed.
The information is provided on a general basis only. We strongly recommend that you seek your own independent advice from a lawyer about your situation.
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