An Enduring Guardian is the person you legally appoint to make decisions about your health and lifestyle in the event you cannot make these decisions for yourself.

You can appoint an Enduring Guardian as long as you are over 18 and have the capacity to make this choice on your own.

What is the role of an Enduring Guardian? 

There may be a time in your life when you need someone to make important decisions for you. This could be due to a temporary or permanent loss of decision-making ability from illness, injury or disability – this can happen at any time in your life.

Your Enduring Guardian only starts making decisions for you when you are unable to.

A doctor or specialist can be called upon if it is uncertain whether your Enduring Guardian should start making decisions. The appointment continues for as long as you need it unless:

  • you revoke or cancel it while you have mental capacity to do so

  • your Enduring Guardian resigns from the role, dies or is unable to carry out the role

  • the appointment is changed or revoked by the Guardianship Division of NSW Civil and Administrative Tribunal (NCAT) or the NSW Supreme Court.

You can provide information to help your Enduring Guardian know how they should use their authority.

For example, you might direct them to seek advice from your doctor or medical specialists before they make certain decisions.

It’s important to remember that directions or limits should be applied thoughtfully as they can remove flexibility in decision making.

What kinds of decisions can be made by an Enduring Guardian?

Your Enduring Guardian only makes decisions in the areas you outline, these might include:

  • where you live and the services you might receive

  • healthcare, medical and dental treatment you receive.

They can also:

  • apply for extra decision-making authority if circumstances are more complex or you need extra support

  • consult on decisions during your end-of-life stage and advance care plans.

They cannot make decisions about:

  • your money

  • who you vote for

  • marriage on your behalf

  • anything that is against the law

  • saying ‘yes’ or ‘no’ to special treatments, such as those that will prevent you having children, terminating a pregnancy, restrictive practices (unless specifically authorised in the Enduring Guardian document), or new treatments that have not yet been reviewed by medical industry experts.

  • making or changing your advance care directive and making or changing your Will