What is an Appointment of Enduring Guardian?
An Appointment of Enduring Guardian is a legal document that gives one or more person/s the authority to manage the medical affairs and lifestyle choices of another, should that person become incapable of making independent decisions. The principal (the person making the Appointment of Enduring Guardian) appoints one or more guardians (trusted people) who agree to be in charge of the principal’s accommodation, healthcare, medical and dental treatment, and medical and dental records, should the need arise.
What is the difference between an Appointment of Enduring Guardian and an Enduring Power of Attorney?
While an Appointment of Enduring Guardian entitles a guardian to be in charge of the principal’s medical affairs, the Enduring Power of Attorney entitles an attorney to be in charge of the principal’s financial affairs. Additionally, whilst an Appointment of Enduring Guardian comes into effect upon the principal losing capacity, the Enduring Power of Attorney can come into effect before the principal loses capacity.
Why should blended families make Appointments of Enduring Guardian?
Just like in The Brady Bunch, a blended family involves the coming together of two people with children from previous relationships. Where you are part of a blended family, it is important to consider an Appointment of Enduring Guardian such that you appoint a person or persons you trust to be your guardian/s. For your peace of mind, and so that your medical affairs are managed with care by the right people should you lose capacity, we recommend that you make an Appointment of Enduring Guardian.
Our estate planning lawyers can assist you with the design and implementation of an estate plan. Working together to establish or update this plan will give you and your family peace of mind.
Important Disclaimer: The content of this article is general in nature and for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.