Enduring Guardianship

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By appointing an "Enduring Guardian" you give your Guardian power to make decisions about your heath and your lifestyle.  Examples of health and lifestyle matters are decisions about where and with whom you live, whether you work or undertake education or training, whether you apply for a licence or permit, day-to-day issues like diet and dress, and whether to consent, refuse to consent or withdraw consent to particular types of health care for you (such as an operation but excluding medical trials).

The witness must state that you appeared to understand what you were doing.  If the witness is not sure that you understand the nature and effect of the appointment, he/she should refuse to sign the document.

Your Guardian must be at least eighteen years old and must not be your current paid carer or health-care provider.

Should I advise my Doctor?

Answer:          YES.

If you are completing an application for an enduring guardianship for personal/health matters, it is strongly recommenced that you notify your doctor.

What happens to this document when it is completed?

You should leave the original in a safe place, such as with your solicitor, but it’s important to keep a copy to refer to.

You should also give a copy to your Doctor.

You may also wish to carry a card in your purse or wallet stating that you have appointed an Enduring Guardian and giving details of that appointment.

The general principles by which your Guardian is expected to abide:

·      presuming that you have the capacity to make a particular decision until there is conclusive evidence that this is not the case;

·      recognising your right to participate in decisions affecting your life to the maximum extent for which you have capacity;

·      respecting your human worth and dignity and equal claim to basic human rights, regardless of your capacity;

·      recognising your role as a valued member of society and encouraging your self-reliance and participation in community life;

·      taking into account the importance of your existing supportive relationships, values and cultural and linguistic environment;

·      ensuring that decisions are appropriate to your character and needs; and

·      recognising your right to confidentiality of information.

Any health-care decision made by your Guardian must:

·      promote and maintain your health and well-being;

·      be made in the way that is least restrictive of your rights;

·      where possible, take account of your views and wishes, along with information given by your health-care provider.

If you have other Guardians, your Guardians must consult with one another regularly to make decisions.  Joint Guardians must make decisions unanimously.

Your Guardian's power to make decisions for you about personal/health matters does not begin until (if ever) you are incapable of understanding the nature and foreseeing the effects of a decision, and of communicating that decision.  However, your Guardian must continue to allow, and assist, you to make decisions in so far as you are capable.

If you wish to obtain information please contact our office.