An Enduring Guardian is someone you appoint, at a time when you have capacity, to make personal, health or lifestyle decisions on your behalf should you lose the capacity to make them for yourself. The appointment of an Enduring Guardian takes effect only if you lose the capacity to make your own decisions.
You choose the decisions (called functions) you want your Enduring Guardian to make. You can give your Enduring Guardian as many or as few functions as you like. For example, you can authorise your Enduring Guardian to decide such things as where you may need to live or what medical treatment you receive.
Your Enduring Guardian must act within the principles of the Guardianship Act, in your best interests and within the law. An Enduring Guardian cannot make a will for you, vote for you, manage your finances or override your objections to any medical treatment.
The appointment of an Enduring Guardian takes effect only if you become unable to make your own health or lifestyle decisions.
Your Enduring Guardian should be someone you trust to make decisions in your best interests when you are not able to make them for yourself. It is worth considering the willingness of the person to take on the role, as well as their age and health. It is also possible to appoint more than one Enduring Guardian.
The Estate Planning team at Baldock Stacy & Niven is here to help you if you are considering appointing an Enduring Guardian. We think it is a wise choice and would encourage you to discuss it with your family and your doctor.
If Baldock Stacy & Niven can assist in any way or answer any questions you may have, don’t hesitate to contact us.