Enduring Guardian

What is an Enduring Guardian and who needs one?

Estate Planning just doesn’t refer to plans for after you pass away. Estate Planning involves plans for use during your lifetime when things might not be going so well for you.

The word “Enduring” in Estate Planning matters, refers to an appointment of someone to a role that you intend to continue even if you lose capacity.

Appointing an Enduring Guardian to assist you when you need help, allows you to set out who and how you are looked after if you are elderly or incapacitated for some other reason.

You can appoint more than one person to act in this role. You can also nominate a substitute enduring guardian to take the place of a person that you have nominated if they are unable to continue in that role.

Your Enduring Guardian can make the following decisions for you:

  • Where you live. For example, if you are unwell and can no longer live at home, your Enduring Guardian can find suitable accommodation for you, for exampled in an assisted living residence, a nursing home or other managed care facility.
  • What medical treatment you receive. For example, you can specify in your appointment that the Enduring Guardian is to keep you comfortable but refuse any “life prolonging” treatment if your diagnosis is terminal.
  • What services you have access to. For example if you moved to a managed care facility, your Enduring Guardian has the power to authorise things like a hairdresser, a podiatrist, a speech therapist, an occupational therapist or the like to assist you with rehabilitation or other therapy.

Your Enduring Guardian will NOT have the power to do the following:

  • Buy or sell property on your behalf;
  • Access your bank accounts and pay you bills;
  • Buy or sell shares on your behalf;
  • Buy or sell a motor vehicle on your behalf;
  • Give gifts on your behalf;
  • Withdraw cash from your bank accounts.

The only person who can do those things apart from you, is someone you have given Power of Attorney to.

You can’t control everything that happens to you, however, you can control who helps to make decisions for you if you are incapable.

Speak to your family today about this important topic.