Enduring
Guardianship.
Decide who makes your health and lifestyle decisions if you can't.
What is an Enduring Guardianship?
An Appointment of Enduring Guardian lets you choose who makes personal, health, and lifestyle decisions on your behalf if you lose the capacity to make them yourself — where you live, medical and dental treatment, and access to health and support services.
It is a separate document from a Power of Attorney, covering a separate domain: an Enduring Power of Attorney can't authorise someone to consent to your medical treatment, and an Enduring Guardian can't touch your bank accounts. Most people need both, appointed together.
It only takes effect if and when you lose capacity, and you can set out your own preferences and limits for your guardian to work from.
Who it's for
- Anyone who wants a specific, trusted person making health decisions for them — rather than a default hierarchy under guardianship law
- Older Australians and anyone with a diagnosis where capacity may decline over time
- People who want to record their preferences for future care while they still can
- Anyone who has already put a Power of Attorney in place but hasn't covered the personal side
What's included
- Consultation to understand your health, lifestyle, and care preferences
- Drafting of an Appointment of Enduring Guardian, including any specific functions or limits you want recorded
- Guidance on choosing your guardian and briefing them on your wishes
- Execution and witnessing to meet your state's legal requirements
Common questions
When do I need an Enduring Guardian?
Before capacity is in question — an Enduring Guardian appointment requires you to have capacity at the time you sign it, the same as a Power of Attorney. It can't be arranged after a decline has already begun. The right time is alongside your Power of Attorney and your Will, not after a diagnosis forces the question.
This page provides general information about Australian law. It isn't legal advice for your situation — book a consultation to discuss what applies to you.
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what matters?
Book a consultation. We will talk through your situation, give you a fixed-fee quote, and start work once you are ready.