Where you live, what you do, and what healthcare you receive are the most important decisions that you make. However, the sad truth is that sometimes we are unable to make those decisions ourselves and somebody else has to make those decision on your behalf. Whether is be through an accident, or illness, sometimes you may be put in the position where you are unable to make your own decision – and this can occur suddenly and unexpectedly.
What happens in these cases is entirely up to you, now. Planning ahead for these situations doesn’t come naturally for most people but if something unfortunate does happen to you, you need to have a plan. You don’t want to risk having someone you don’t trust making important lifestyle decisions on your behalf. Appointing an Enduring Guardian while you still can will help you to avoid this problem.
Appointing an Enduring Guardian is essential at any time of your life. Take the initiative now before it’s too late.
An Enduring Guardian is a person who you know and trust entirely to appoint to make decisions for you when you are unable to do so. These decisions usually relate to where you live, what doctors you see, the healthcare services you receive and any other lifestyle decision you choose. You can give your Enduring Guardian as many or as little responsibilities as you like, the decision is entirely yours.
If you do not have an Enduring Guardian and something happens to prevent you from having the mental capacity to make your own decisions, the NSW Guardianship Tribunal will likely make a decision on what they think should be your Guardian, whether it be a family member or the New South Wales Trustee and Guardian.
However, if you do have an Enduring Guardian in place, you are able to guide the Guardian into making a decision that you would have made. These can be, for the Guardian to consult with another family member or close friend before making a decision. The key is providing carefully worded directions that show your wishes but still allow enough flexibility to allow your Enduring Guardian to make decisions that truly are in your best interest.
Appointing an Enduring Guardian is is a significant decision and it is essential you seek legal advice to make sure you are doing the right thing.
Our team at Vaarzon-Morel Solicitors are here to advise you about the benefits and risks associated with appointing an Enduring Guardian. We will help you and your Guardian understand the role, and the obligations under the Enduring Guardian and do all the work in preparing the documents for you.