Keeping & Reviewing your Enduring Guardianship Appointment Form

There is no requirement to lodge your Enduring Guardianship Appointment Form with any agency or office. There is no register of people who have appointed an Enduring Guardian.Your Enduring Guardianship Form is an important legal document. The original should be kept in a safe place, possibly where you keep other important legal documents such as your Will and your Enduring Power of Attorney.

It is important that your Enduring Guardian has a copy of the form of appointment. Where possible this should be a certified copy, that is, a copy signed by the legal practitioner as being a true copy of the original. Your Enduring Guardian may be required at some time in the future to produce evidence of his or her appointment. 

Change in circumstances

While you have capacity, you can revoke (cancel) your Enduring Guardianship Appointment by filling in a revocation form and giving it to your Enduring Guardian(s).

If you do not have capacity and there is a problem with your Enduring Guardian, anyone who has a genuine interest in your life can make an application to the Guardianship Tribunal to review the appointment of your Enduring Guardian.  The Guardianship Tribunal has the power to revoke or change the appointment. 

Ending an enduring guardianship appointment

Enduring Guardianship ends if the person who appointed the Enduring Guardian regains the capacity to make decisions or dies. Enduring Guardianship also ends when it is revoked by:

• the person who made the appointment (while they have capacity to do so); or

• the Guardianship Tribunal; or

• the Supreme Court.

An Enduring Guardianship appointment is automatically revoked if you marry after making the appointment.  A joint Enduring Guardianship appointment will end if one of the joint Enduring Guardians dies, resigns or becomes incapacitated unless you have stated clearly in the form of appointment that you want it to continue beyond these events.

For more information about Enduring Guardianship, contact the Public Guardian on 1800 451 510 or 02 8688 6070 or go to their website.

Enduring Guardians can contact the Private Guardian Support Unit on 02 8688 6060 or email informationsupport@opg.nsw.gov.au for information and support in their role