- Appointment of enduring guardian
- Reviews of an appointment of enduring guardian
- Interstate recognition of appointment of enduring guardian
One way of planning for your own future is to appoint an enduring guardian. If you lose the capacity to make your own decisions, an enduring guardian can make personal decisions on your behalf, such as where you should live and what medical treatment and services you should receive.
The NSW legislation governing enduring guardianship is the Guardianship Act 1987. An enduring guardian appointed under the NSW legislation can make decisions which will affect the person under guardianship when they are in NSW.
There are legal and formal requirements that must be met in order to ensure that your enduring guardian appointment is valid. You may wish to consult a solicitor about making an enduring guardian appointment.
Visit the Planning Ahead Tools website for further information on what is required to make an enduring guardianship appointment. The NSW Public Guardian also publishes a guide to the appointment of an enduring guardian. For further information, refer to the publication 'Planning Ahead - Information about Enduring Guardianship'.
The Guardianship Tribunal provides the following forms:
- Planning Ahead - Guide and Appointment of Enduring Guardian Form.
- Planning Ahead - Notice of Resignation of Appointment and Revocation of Appointment Forms
To speak to someone about enduring guardianship either contact a solicitor or contact us.
Enduring guardians are not supervised nor are they required to report to any authority. The NSW Public Guardian operates the Private Guardian Support Unit, which provides resources and support to enduring guardians including information about their role and responsibilities.
The Tribunal can review the appointment of an enduring guardian on its own motion or at the request of anyone who the Tribunal considers has a genuine concern for the welfare of the person.
If you are concerned that an enduring guardian is not making decisions that are in the best interests of the person who has lost capacity, you can make an application to the Guardianship Tribunal to review the appointment of enduring guardian by filing the relevant completed form with the Tribunal.
The Tribunal can suspend, revoke, confirm or vary the appointment of an enduring guardian. It can also declare the appointment has effect.
The appointment of an enduring guardian can only be revoked at the request of the appointed enduring guardian or if the Tribunal is satisfied that revocation is in the best interests of the person. If the Tribunal revokes the appointment of an enduring guardian, it can proceed as if an application for guardianship and/or financial management had been made and make orders appointing a guardian or financial manager. If the Tribunal makes a guardianship order, the appointment of enduring guardian is suspended for the duration of the Tribunal’s order.
The Tribunal can appoint a substitute enduring guardian if the original enduring guardian has died, resigned or become incapacitated.
NSW automatically recognises the appointments of enduring guardians or their equivalents made under the law of other states and territories of Australia so that they can make decisions in NSW for people who appointed them.
You do not need to apply to the Guardianship Tribunal for recognition of an enduring guardian appointment made in another state or territory. Other states and territories of Australia have their own legislation governing enduring guardianship. Some, but not all, of the other Australian states and territories automatically recognise a NSW enduring guardianship appointment as legally valid in those states. This means the enduring guardian will be able to use it in those states.
If you are planning to be in another state or move around Australia, you should find out whether the law in the other state to which you are planning to move will recognise a NSW enduring guardianship appointment. If the NSW enduring guardianship appointment is not recognised, you may wish to consider appointing an enduring guardian under the laws of that state or territory.
For more information about guardianship laws in other states or territories, you should contact the interstate guardianship organisation. Their contact details can be found on the Australian Guardianship & Administration Council website.