Common Questions
I don't want my kids to worry about me if I can't manage at home. What can I do?
Planning ahead includes thinking about a time when you might need help with everyday life, such as shopping or housework. You may need extra care at home, or you might need to move to a nursing home or hostel. Appointing an Enduring Guardian is a good way to plan ahead for possible changes in your ability to manage everyday life.
You can appoint one or more Enduring Guardians to make decisions about your care, accommodation and health needs if you ever lose the capacity to make these decisions yourself. You can talk to your Enduring Guardians about your wishes, and you can write down things that are particularly important to you in your Enduring Guardianship Appointment Form.
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.
For more information you can read the section on Enduring Guardianship.
