What is an Enduring Guardian?

The Guardianship Act 1987 (NSW) makes it possible for a person with capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets.  You can make an Enduring Power of Attorney  to appoint someone to manage your financial affairs.

Click here for a written copy of this video (PDF)

Appointing an Enduring Guardian

If you want to appoint an Enduring Guardian, you must complete a form of appointment. You can appoint one or more Enduring Guardians with the same functions on the same form.  You can also appoint two or more Enduring Guardians with different functions, using the same form.

The person or persons you appoint as your Enduring Guardian(s) must also sign the form to show that they have agreed to be your guardian. All signatures on the form must be witnessed by an eligible witness. An eligible witness is a legal practitioner, Registrar of the Local Court, or approved officer from NSW Trustee and Guardian or the Public Guardian.

You can appoint one or more people that you trust to make decisions for you.  You do not have to appoint close family as your Enduring Guardians.  You should think about who would best understand your values and wishes, and who would have the skills to make good decisions for you.

If you wish to appoint your spouse or partner as an Enduring Guardian, keep in mind that as you both age, your partner may face health and medical issues which may affect their ability to make decisions for you.  Many people choose to appoint a joint or alternate guardian to assist a partner in decision-making.

The appointment of your Enduring Guardian takes effect only if you lose the capacity to make your own major personal decisions.

Click here for a written copy of this video (PDF)

View all Plans

My Plan Builder - Enduring Guardianship

Build your own Enduring Guardianship plan here. More info

Q.1 Is there anything you want to tell your Enduring Guardian about your wishes for the future? You can talk about your wishes or write them into your Enduring Guardianship Appointment form as ‘directions’.  

Q.2 What types of decisions do you want your Enduring Guardian to make? These will be written into your form as 'functions'. 

Q.3 Do you have a written advance care plan or directive that you want to attach to your enduring guardianship appointment? 

Q.4 If you want to appoint more than one person to be your Enduring Guardian, how will you divide up the decision making areas (functions)? Do you want them to make decisions jointly or separately? For more information on appointing joint enduring guardians you can read the book "Enduring Guardianship: your way to plan ahead" (PDF). 

Q.5 What things are important to you in your life that you want your Enduring Guardian to know about? These can be written into your appointment form as 'directions'