An Enduring Guardianship is a document that appoints someone to make decisions on your behalf about your care and lifestyle when you can no longer make the decisions for yourself.

The only requirements to you making an Enduring Guardianship is that you are over 18 years of age and have the mental capacity to make such an appointment.  A medical certificate may be required to establish this.  Appointments can be revoked and re-made whilst the Appointer has the capacity to do so.

The person you appoint should be someone who:

• knows you well;
• will respect your wishes;
• understands the responsibility that is given to them;
• Is willing to act as your Guardian; and
• Is available to make these decisions.

By law, the appointee must be 18 years of age or over.  You can also appoint more than one person with either the same or differing functions. These people can act severally or jointly.

However, your Guardian cannot be someone in a professional relationship with you.  That is, they provide services to you for a fee (eg doctor) or is a relative of that person.  You can appoint your carer if they receive a carer’s allowance.

Your Guardian can make decisions about:

• Your lifestyle;
• Where you live;
• Health care;
• Services;
• Consent to medical and dental treatment;
• Access – ie decide who should have access with you;
• Restrictive Practices function – ie use physical restraint to prevent self harm; and
• The Appointor can give directions about how these decisions can be made. For example, where ever you live, if you want to be close to your family.

Your Guardian cannot make decisions:

• That are contrary to law eg. euthanasia;
• About what is defined as “special medical treatment”.  Only the Guardianship Tribunal can allow this; or
• Consenting to medical treatment when you are objecting to it.