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Guardianship

"Outcomes achieved ... are the direct result of the timely diligence and expertise of you and your team"

Dear Justin,

Please accept our very appreciative thanks for your advice and representations. We are acutely aware that the outcomes achieved to date are the direct result of the timely diligence and expertise of you and your team in communicating with the other side and in acting in close concert with the formidable efforts of our mortgage broker.

Janet Haynes Colling  

Friday 29 April 2016

What is Guardianship?

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:

  • The place (such as a specific nursing home, or your own home) in which you are to live;
  • The health care that you are to receive;
  • The other kinds of personal services that you are to receive;
  • The medical or dental treatment to be carried out on you.

An enduring guardian is prohibited from consenting to anything unlawful and doing certain things, such as:

  • can not make a will for you;
  • can not vote on your behalf;
  • can not manage your finances; or
  • can not override your objections, if any, to medical treatment.

How can Guardianship benefit my family and I?

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.

How is the Guardianship different to the Advanced Healthcare Directive (aka Living Will)? Do I need both?

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.

Benefits of Betar Lawyers

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.

Fees

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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