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Thursday, 27 August 2015
An "enduring guardian" occupies a similar role to an attorney with enduring power, but an enduring guardian will generally have wider powers than an attorney.
The Guardianship Act 1987 (NSW) allows you to appoint a person as your guardian, which only has effect when you are in need of a guardian.
The guardian can be empowered to decide any or all of the following:
An enduring guardian is prohibited from consenting to anything unlawful and doing certain things, such as:
The biggest benefit of arranging a Guardianship document is the peace of mind you will receive in knowing that you will be adequately cared for in terms of your health care needs, should you be unable to take care of yourself.
Sometimes it is difficult to admit that to one’s self that we cannot care for ourselves adequately; especially when we have done so for most of our lives. However, if you are concerned that this may become an issue now or in the future, you should consider appointing a Guardian so you need not worry about your care needs furthermore. Your family will also have peace of mind knowing they can care for you (only if necessary) as you have cared for them for so long.
It goes without saying that the individual you appoint as your Guardian must be someone you trust absolutely with your care. We will refuse to provide you with a Guardianship document if we consider the Guardian is inappropriate.
The Guardianship document gives the Guardian the power to make health care decisions on your behalf should you be unable to do so. Depending on the extent of the powers you give to your Guardian, he or she can be granted with the power to authorise the turning off of your life support, should the situation arise.
The decision to turn off life support can be traumatising for family members so some individuals prefer to opt for an Advanced Healthcare Directive (aka Living Will). The Advances Healthcare Directive (aka Living Will) is a legal document which can be relied on by a medical institution as evidence of an individual’s intentions regarding life prolonging medical treatment. An Advanced Healthcare Directive will override any existing Guardianship document.
It is your choice if you wish to appoint a Guardian and have a Living Will.
We understand the care needed to draft some important documents and will spend the time to listen to you to get it right. We will also check to ensure it is the correct type of document for your purposes.
A detailed fee estimate is provided to you. This gives you the peace of mind of knowing exactly what you will pay.
Our promise to you is to provide you with full disclosure of the costs and expenses.
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If you have any questions about guardianship please ask us.
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