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    Do I need an Enduring Guardian and an Enduring Power of Attorney?

    26/08/21 10:02 AM

    The simple answer is yes. It is important to have both legal documents in place as they serve very different purposes.

    What is an enduring guardian?

    An enduring guardian is appointed to make important decisions for you if there comes a time when you are unable to. This could be due to an illness, injury, or disability that causes temporary or permanent loss of decision-making ability. While it isn’t a pleasant thought, this could happen at any time in your life.

    An enduring guardian can make decisions about healthcare, dental and medical treatment and where you live. They can also consult on decisions about end of life care.

    Enduring guardians can not make decisions about your money.

    What is an enduring power of attorney?

    An Enduring power of Attorney is also appointed to make decisions when you lose capacity. However, unlike Enduring Guardians, they are able to make financial decisions. They can operate bank accounts, pay bills, manage investments, buy and sell real estate and sign legally binding documents.

    They cannot make decisions about healthcare or lifestyle.

    Who should I appoint?

    Appointing and Enduring Guardian and Power of Attorney is an important decision. You could appoint your spouse, a family member or close friend. You could also consider appointing a solicitor as your enduring attorney. However, you cannot appoint your doctor or assisted living provider as your Enduring Attorney unless they are your carer.

    It is also essential that you appoint people who respect your values and culture and will not use their position to benefit themselves. Your Attorney should also have the ability and skills to be able to manage your finances. Importantly, both your Enduring Guardian and Attorney should be willing to take on their role. As well as having these documents in place, it is important to communicate your wishes with those around you.

    If you are considering making an Enduring Guardianship or Enduring Power of Attorney, please feel free to get in contact with one of our experienced estate planning lawyers at Frank Law on (02) 9688 6023.

    This is not legal advice. 

    Megan McGrath

    Written by Megan McGrath