HOW IS AN ENDURING GUARDIAN APPOINTED?

An enduring guardian can only be appointed by a person who is over 18 and who has legal capacity to make decisions. This includes understanding the nature and implications of the document to be signed and also that the person has the right to refuse to sign. Guidelines to assist in determining a person's competence to make advance directives are available from the Office of the Public Advocate.

An enduring guardian can only be appointed using the prescribed form, see forms. The agreement must be witnessed by an authorised person. Authorised witnesses include justices of the peace for this State or any other State or Territory of the Commonwealth, lawyers, and notaries public.

Examples of completed forms can be found in the Enduring Power of Guardianship Kit.

EXAMPLES

A person may wish to involve another in making decisions on her or his behalf.

Therefore Part 3 of the form may state:

I require my guardian to observe the following conditions in exercising, or in relation to the exercise of, the powers conferred in this instrument:
I wish my guardian to consult with my close friend Martha Mumford when making a decision about my welfare.

The person appointing may also have firm views on her or his future medical management and state on the form:

Because of my religious beliefs, I do not wish to receive a blood transfusion even if it is judged medically necessary to save my life. I accept the risks associated with this decision.
I do not give my guardian permission to consent to life saving medical intervention where the prognosis is poor.

In addition, directions as to living arrangements may be included:

If I need to be placed in supported accommodation, I would prefer to live close to my enduring guardian, named above.

In making any decision an enduring guardian is bound to take into account any conditions written into the authority appointing him or her as guardian.

An enduring power of guardianship only comes into force once the person making the appointment becomes mentally incapacitated. An enduring guardian's power cannot be passed on to anyone else.