FAQ - Enduring Guardianship

1. Why appoint an Enduring Guardian?

We all prefer to decide for ourselves where we live, who we see, which doctor we go to, what medical treatment we will receive and what services we will have. Unfortunately this is not always possible as people are involved in accidents or become sick. Sometimes this can lead to them being unable to make decisions for themselves.
Amendments to the Guardianship Act now give you a way to appoint an Enduring Guardian.

2. What is an Enduring Guardian?

An Enduring Guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this for yourself. You choose which decisions you want your Enduring Guardian to make.

3. What sort of decisions can an Enduring Guardian make?

You can give your Enduring Guardian as many or as few functions as you like. You can delete the functions you do not want your Guardian to have and add others if you wish. You may give your Guardian directions about how to exercise the decision making functions you give them. For example, you can direct your Guardian to consult with your close friend on each function whenever possible.You can give your Guardian a function, for example to decide where you should live and direct that they can override your objection to their decision if it is in your best interests to do so. You cannot give your Guardianship to the authority to override your objection to medical treatment. Only the Guardianship Tribunal can do this.

4. Who can be an Enduring Guardian?

The person you appoint must be at least 18 years old. Your chosen Guardian should be someone you trust to make decisions in your best interests if you are not capable of making decisions for yourself. The appointed Guardian cannot be a person providing treatment or care to you on a professional basis at the time of appointment. You can appoint more than one person.

5. How do I appoint an Enduring Guardian?

You need to discuss the appointment with your chosen Guardian and make sure he, she or they are willing to take on this responsibility. It would be wise to discuss the functions in detail and ensure that your Guardian clearly understands your wishes and any direction associated with any function.

6. When does it take effect?

The appointment of your Enduring Guardian takes effect only if you become unable to make your own personal or lifestyle decisions. We would need medical evidence provided by your Endurng Guardian as to your capacity to make decisions before we hand over the original appointment.

7. Can I change my mind?

While you are capable of making your own decisions, you can revoke the appointment of an Enduring Guardian. To do this, you need to complete a Revocation of Appointment of Enduring Guardian form. This form will need to be witnessed by a Solicitor. You have to advise the Enduring Guardian in writing that the appointment has been revoked.