A Probate Lawyer will tell you that the important difference between an enduring guardianship and power of attorney is that the enduring guardian is granted the power to make personal decisions on the donor’s behalf, whereas a power of attorney is usually limited to financial decisions only. An enduring guardian is appointed by way of appointment. Speak to one of our Probate Lawyers or Estate Solicitors if you intend to appoint an enduring guardian or are asked to be an enduring guardian.
In New South Wales, an enduring guardian will usually be granted the power to make lifestyle decisions, such as the medical care the donor is to receive, where the donor is to live and what kind of personal services the donor is to receive.
The appointment of the enduring guardian takes effect after the donor loses the capacity to make their own decisions. Just as with a power of attorney, it is a powerful legal instrument and you should consult one of our Probate Lawyers or Estates Solicitors for comprehensive legal advice if you intend to appoint an enduring guardian or are requested to act as an enduring guardian. Further to offering the ability to prepare an enduring guardianship form on your behalf, we also offer free and secure storage of wills, powers of attorney and enduring guardianships.
You may book an appointment with us by telephone on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a Wills matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney
