The person making the appointment and the enduring guardian must both be 18 years of age or over and of sound mind.

Any person with professional or administrative responsibility for the medical care or treatment of a person may not be that person's enduring guardian.

The responsibilities of enduring guardianship are serious. The implications and consequences of an agreement should, where possible, be discussed and communicated over a period of time, to ensure the people concerned are clear regarding the enduring guardianship powers and aware as to the wishes of the person appointing the guardian.

The enduring guardianship may be 'tailored' to include limiting certain powers, or involving one or more persons in decisions relating to specific matters. For example, a person may limit an enduring guardian's authority to making decisions about accommodation, but not about medical treatment.