MAKING AN enduring Guardian & Advanced care directives
What is an Appointment of Enduring Guardian?
An Enduring Guardian allows you to appoint a ‘guardian’ to manage your health and lifestyle decisions when you are incapable of making those decisions yourself.
Why make an Enduring Guardian?
Making an Enduring Guardian has many practical advantages. It can give you the peace of mind that your medical, health and lifestyle decisions will be placed in the hands of someone you trust if you become incapable of managing your affairs through an accident or illness.
What can your guardian do?
Your guardian can authorise:
Healthcare decisions
Consent for medical and dental treatment
Lifestyle decisions such as where you live and what personal services you receive (such as an in-home nurse).
You may also include directions to your guardian on your decisions in relation to ‘life support’ and ‘do not resuscitate’ directions. Your guardian can then confer with your medical team and make the best decision for you. Knowing your wishes will allow your guardian to consent or withhold consent to treatment or care that is in your best interest and in accordance with your wishes.
Who can be your guardian?
You can appoint one person, or more than one person to be your guardian. The person or persons you appoint must be:
Over the age of 18 and mentally capable of understanding the nature and effect of the Enduring Guardian.
Should be someone you trust to make the correct decision for you.
Someone who is willing to act as your guardian. The person you appoint must consent to their appointment as your guardian by signing the Appointment of Enduring Guardian in front of an authorised witness.
What happens is I do not have an Enduring Guardian?
If you have lost capacity and you do not have an Enduring Guardian, someone in your family will need to apply to the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) to be granted guardianship of your medical affairs. NCAT has a process to determine the most appropriate person to manage your medical decisions. This could be an expensive and time-consuming process for your family.
Advanced Health Care Directive
An Advanced Health Care Directive is a document in addition to your Appointment of Enduring Guardian.
It allows you to set out very specific directions where you have strong wishes in relation to your medical treatment and health care.
An Advanced Health Care Directive is prepared in conjunction with your doctor and lawyer and extends your legal right to choose and determine your medical treatment and health care at a time when you may not be able to express your wishes about your treatment and health care yourself.