Advance Care Planning and Enduring Guardianship

Many people will choose to write directions in their Enduring Guardianship Appointment about their wishes regarding health care and medical treatment in the event of a life-threatening situation, or regarding end-of-life care.  There are no restrictions about what people can include in their directions (although directions must be lawful within NSW).  The legal practitioner or other ‘eligible witness’ who signs the form as a witness is not obliged to comment on the directions or to provide legal advice to the person making the Enduring Guardianship Appointment.  If you have been asked to sign an Enduring Guardianship Appointment as an ‘eligible witness’, there is no legal difference between witnessing a ‘simple’ appointment and one containing additional directions or reference to an Advance Care Directive.

Other people may choose to refer to an Advance Care Directive in their Enduring Guardianship Appointment, rather than include specific directions in the appointment.  It is a good idea for people to keep a copy of the Advance Care Directive with their Enduring Guardianship Appointment.

If a person is not sure how to word their Enduring Guardianship Appointment or how to include their wishes regarding future medical care, you can refer them to the Public Guardian’s information line on 02 8688 6070 or 1800 451 510.  Additional information and resources on Advance Care Planning are also available from this website.