Enduring Guardianship
Frequently asked questions
Cost of Appointing a Guardian
ESSENTIALS PACKAGE
$800
PLUS GST AND DISBURSEMENTS
Includes:
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Basic Will
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Power of Attorney
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Enduring Guardianship
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Safe custody with Dormer Stanhope
Get the must-haves sorted without the fuss. Our Essentials Package covers the basics to make sure your wishes are clear and protected.
CUSTOM PACKAGE
FROM $950
PLUS GST AND DISBURSEMENTS
Includes:
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A Will tailored to your specific needs, for example, if you own a business, have a blended family, a self-managed super fund, or require a long-term trust (known as a testamentary trust) or certain conditions in your Will
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Power of Attorney
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Enduring Guardianship
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Safe custody with Dormer Stanhope
When does an Enduring Guardianship take effect?
An Enduring Guardianship only takes effect when you are no longer capable of making personal or medical decisions for yourself.
This could happen due to an accident, illness, or cognitive decline. As long as you have capacity, you remain in control of your own decisions. Your guardian cannot act on your behalf unless and until capacity is lost.
Legal Requirements in NSW
To appoint an Enduring Guardian, you must:
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Be 18 or older and have decision-making capacity
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Sign the appointment document in the presence of an authorised witness (such as a solicitor, barrister, or registrar)
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Clearly outline any directions, preferences, or restrictions you want your guardian to follow
Choosing the right Guardian
Your guardian should be someone who genuinely understands your values, lifestyle, and wishes – often a close friend or family member. You may appoint more than one guardian and can outline specific directions or limitations in the appointment.
Some people include preferences for care based on religion, culture, or lifestyle to help guide their guardian.
When might you need one?
An Enduring Guardianship gives someone you trust the legal authority to make personal and medical decisions if you lose the capacity to make them yourself, for example, due to illness, injury, or age-related conditions like dementia.
Without this appointment, decisions about your care may fall to people you wouldn't have chosen, or be decided by a tribunal. By planning ahead, you ensure that your values, preferences, and beliefs guide how you're treated, especially during vulnerable times.
What authority would my Guardian have in managing my affairs?
Your appointed guardian can make decisions related to:
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what medical or dental treatment you receive;
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where you live;
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what health and personal services you receive (including aged care); and
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communicating with healthcare providers on your behalf.
They cannot make financial decisions or override your Advance Care Directive (if you have one in place).
What is Enduring Guardianship?
An Enduring Guardian allows you (the appointor) to appoint someone you trust (the guardian) to make important lifestyle, health and medical decisions on your behalf, particularly if you lose capacity to make these decisions yourself.
This appointment does not extend to financial or legal matters – those responsibilities fall under a Power of Attorney.
If you're unable to make personal or medical decisions, who steps in?
An Enduring Guardian is someone you legally appoint to make those decisions on your behalf. Whether it’s about your medical treatment, where you live, or what care you receive, your Enduring Guardian ensures your values and preferences are respected.
It’s about planning ahead, preserving your dignity, and giving clear guidance to those who’ll care for you if you're ever unable to speak for yourself.