When you appoint an Enduring Guardian, you are designating another/s, to look after your life wishes & interests when you are unable to make decisions yourself.
An enduring guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this for yourself.
You choose which decisions you want your Enduring Guardian to make which may include:
Obtaining the advice of an experienced guardianship lawyer will ensure that your wishes are legally documented and comply with legal requirements.
When you appoint an Enduring Guardian you are designating someone to look after your residential and health care issues if you are not able to.
An enduring guardianship can be revoked at any time, providing you have mental capacity.
A Enduring power of attorney is limited to financial powers, while the guardian is focused on the appointor’s personal/lifestyle needs.
It is important to remember that the lifestyle decisions made by an Enduring Guardian may have financial implications and the financial decisions made under a power of attorney may have lifestyle implications. Choosing the right person/s is essential.
The attorney and the guardian can be the same person to avoid any confusion or disagreement. That said, one may be talented in attending to financial issues (financial advisor) whilst the other your lifestyle, (nurse) and therefore will be two separate person/s.
Otherwise, the key is that they need to work co-operatively together.
Expert Advice from our Legal Specialists
When you appoint an Enduring Guardian, you are designating another/s, to look after your life wished & interest when you are unable to make decisions yourself.
The executor of your Will has responsibility to correctly and honestly distribute assets from your estate and other duties following your death.
An enduring power of attorney will allow you to appoint another person to make financial and legal decisions if you become incapacitated and are unable to do so.
Our experienced Solicitors provide expert knowledge in inheritance disputes and contesting a Will and achieving a negotiated out of court settlement.