ENDURING POWERS OF GUARDIANSHIP

An EPG allows you to nominate the person who will make personal, lifestyle and health care decisions on your behalf when you have lost the capacity to make such decisions.

It is important that you prepare an EPG while you are healthy and have the mental capacity to do so.

Your EPG only comes into effect if you lose the capacity to make decisions for yourself.

You may lose your capacity to make decisions permanently through an illness such as dementia or a brain injury or you may lose capacity temporarily, such as by becoming unconscious as a result of an illness or accident. The appointment of your Enduring Guardian takes effect only during times when you have lost the capacity to make your own personal or lifestyle decisions. Once you are well again and can make decisions for yourself, the power of the Enduring Guardian ceases.

If you do not have an EPG and you lose capacity, a guardian may be appointed by the State Administrative Tribunal. However, such an appointment can take a number of weeks, it can be stressful for the people having to go through this process and the appointed person may not be the person you would have chosen.

Your Enduring Guardian cannot make decisions about your property or financial affairs. If you wish to give someone the authority to make financial decisions on your behalf, then you will need to make an Enduring Power of Attorney.

An EPG must be made and witnessed in a form prescribed by law. I can help you prepare your EPG, to ensure that it reflects your wishes and is legally binding.