Capacity is usually determined by your treating doctor or other qualified health professionals. In some cases, formal assessments may be required. It’s based on whether you can understand, retain, weigh up, and communicate decisions at the time they’re needed.

No, but it's highly recommended. While the form can be completed without legal advice, a lawyer can ensure it's properly drafted, witnessed, and aligned with your broader estate plan.

In NSW, you can appoint a professional, but it’s generally discouraged unless there’s a close personal relationship. Some professionals may also have conflicts of interest or ethical guidelines that prevent them from acting.

Yes. Once their appointment becomes active, your Enduring Guardian is entitled to access the information needed to make informed decisions about your care, including medical and health records.

If your sole guardian dies, loses capacity, or is otherwise unable or unwilling to act and you haven’t appointed a substitute, a new guardian may need to be appointed by the NSW Civil and Administrative Tribunal (NCAT). That’s why it’s wise to name a backup.

Usually, no. Most guardians act in a personal capacity (such as a spouse or family member) and are not paid. However, you can specify reimbursement for out-of-pocket expenses, if appropriate.

No. Your Enduring Guardian only has authority to act once you lose the capacity to make those decisions yourself. While the appointment is made in advance, it only becomes active when needed.

While it’s not legally required, it’s strongly recommended that your guardian lives in NSW or nearby, to ensure they can act quickly if needed.

Yes, as long as you still have decision-making capacity, you can revoke or update the appointment at any time by completing a new form and notifying all parties involved.

If you lose capacity and haven't appointed one, decisions about your care may be made by a default decision-maker (like a spouse or next of kin) or by a guardian appointed by the NSW Civil and Administrative Tribunal (NCAT). This may not reflect your wishes.

Absolutely. You can include directions or restrictions in the appointment document, for example, preferences around religious care, end-of-life treatment, or where you'd prefer to live.

Yes, you can appoint more than one. You may choose for them to act jointly (together on all decisions) or severally (individually). You can also appoint a substitute guardian if your first choice is unable to act.

No. A Power of Attorney deals with financial and legal matters, while an Enduring Guardian is responsible for health, lifestyle, and medical decisions. You may need both for a complete estate plan.