Wills & Probate
Enduring Guardianship
An appointment of enduring guardian ensures someone you trust can make health and lifestyle decisions on your behalf if you lose capacity. We prepare these documents for clients throughout Lake Macquarie and Newcastle — at a fixed fee, with home visits available.
Enduring Guardianship Solicitors — Lake Macquarie & Newcastle
An appointment of enduring guardian is one of the three essential estate planning documents — alongside a will and an enduring power of attorney. While your enduring power of attorney covers financial decisions, your enduring guardian makes personal, health, and lifestyle decisions on your behalf if you lose capacity.
At Lake Macquarie City Legal, we prepare appointments of enduring guardian for clients throughout Lake Macquarie, Belmont, Newcastle, and the Hunter region. We take the time to understand your wishes and values — and prepare a document that ensures the right person can advocate for you when it matters most. We offer fixed fees and home visits for clients who are unable to attend our office.
You must have capacity to make this appointment
An appointment of enduring guardian can only be made while you have legal capacity. If you or a family member is unwell or ageing, do not delay — once capacity is lost, a Tribunal application will be required instead, causing significant stress and expense for your family.
Our Enduring Guardianship Services
Appointment of Enduring Guardian
We prepare appointments of enduring guardian under the Guardianship Act 1987 (NSW) — authorising a person you trust to make lifestyle, health, and medical decisions on your behalf if you lose capacity.
Scope of Authority
We advise on the functions you can grant your guardian — including decisions about where you live, what health care you receive, and what medical or dental treatment you consent to. We tailor the document to your wishes.
Appointment of Multiple Guardians
We advise on appointing multiple guardians — whether jointly (all must agree) or severally (each can act alone) — and the advantages and risks of each arrangement for your circumstances.
Advance Care Directives
We advise on advance care directives — documents that record your wishes about medical treatment in advance. While not legally binding in NSW, they provide important guidance to your guardian and treating doctors.
Reviewing Existing Documents
We review existing appointments of enduring guardian — including those prepared by other solicitors or using standard forms — and advise on whether they are valid, current, and appropriate for your needs.
Revocation
We advise on revoking an existing appointment of enduring guardian — including the steps required to notify your guardian and any third parties, and the circumstances in which revocation is not possible.
Guardian Disputes & NCAT Applications
We advise on disputes involving guardians — including suspected abuse, breach of duty, and applications to the NSW Civil and Administrative Tribunal (NCAT) to review a guardian's decisions or appoint a new guardian.
Combined Estate Planning Package
We offer a combined estate planning package — will, enduring power of attorney, and appointment of enduring guardian — at a fixed fee. Ask us about our package pricing.
What Your Guardian Can Decide
Under the Guardianship Act 1987 (NSW), you can grant your guardian authority over the following functions:
Where you live
Your guardian can decide where you live — including whether you move into residential aged care, a group home, or remain at home with support services.
Health care
Your guardian can make decisions about the health care services you receive — including allied health, nursing care, and support services.
Medical and dental treatment
Your guardian can consent to (or refuse) medical and dental treatment on your behalf — including surgery, medication, and other clinical interventions.
Services
Your guardian can arrange support services for you — including home care, disability services, and community services.
Enduring Guardian vs Power of Attorney — What's the Difference?
These two documents cover different areas — you need both for complete protection:
| Document | Covers | Examples |
|---|---|---|
| Enduring Power of Attorney | Financial and legal affairs | Banking, paying bills, managing investments, selling property |
| Appointment of Enduring Guardian | Personal, lifestyle, health and medical decisions | Where you live, medical treatment, health care services |
How We Work
Free Consultation
We discuss your circumstances and advise on who to appoint as your guardian, what functions to grant, and how to structure the appointment to best reflect your wishes.
Document Preparation
We prepare your appointment of enduring guardian — including any specific directions or limitations you wish to include. We explain each provision in plain language.
Signing & Witnessing
An appointment of enduring guardian must be signed in the presence of a prescribed witness — such as a solicitor, barrister, or registrar of the Local Court. We witness your document and ensure it is executed correctly.
Safekeeping & Copies
We advise on safe storage of your appointment and provide copies for your guardian and treating doctors. We recommend providing a copy to your GP and any specialist treating doctors.
Home visits available
We visit clients at home, in hospital, or in aged care facilities throughout Lake Macquarie and Newcastle. If you or a family member is unable to attend our office, contact us to arrange a home visit at a time that suits you.
Frequently Asked Questions
What is an appointment of enduring guardian?
An appointment of enduring guardian is a legal document that authorises a person you trust — your guardian — to make personal, lifestyle, health, and medical decisions on your behalf if you lose the capacity to make those decisions yourself. It is one of the three key estate planning documents — alongside a will and an enduring power of attorney.
What is the difference between an enduring guardian and an enduring power of attorney?
An enduring power of attorney covers financial and legal decisions — such as banking, paying bills, and managing property. An appointment of enduring guardian covers personal, lifestyle, health, and medical decisions — such as where you live and what medical treatment you receive. They cover different areas and you need both for complete protection.
Who should I appoint as my enduring guardian?
Your guardian will make important decisions about your health and lifestyle — so you should choose someone you trust completely, who knows your values and wishes, and who is willing and able to advocate for you. Many people appoint a spouse, adult child, or close friend. You can also appoint the NSW Trustee and Guardian as your guardian of last resort.
What happens if I lose capacity without an appointment of enduring guardian?
If you lose capacity without an appointment of enduring guardian, no one has automatic authority to make health and lifestyle decisions on your behalf. A family member or other person would need to apply to the NSW Civil and Administrative Tribunal (NCAT) for a guardianship order — a stressful and time-consuming process, often at a time when your family is already under significant pressure.
Can my guardian make any decision they want?
No. Your guardian must act in your best interests and in accordance with your known wishes and values. They can only exercise the functions you have granted in the document. They must also comply with the Guardianship Act 1987 (NSW) and any directions given by NCAT. If you have an advance care directive, your guardian should take it into account.
Can I include directions about end-of-life care?
You can include directions about your wishes regarding medical treatment — including end-of-life care — in your appointment of enduring guardian or in a separate advance care directive. While advance care directives are not legally binding in NSW, they provide important guidance to your guardian and treating doctors. We advise on the best way to document your wishes.
Fixed-Fee Enduring Guardianship
Plain language. Fixed fee. Home visits available. Don't wait until it's too late.
02 4945 4445Book AppointmentGuardianship Services
Appointment of enduring guardian
Advance care directives
Multiple guardian appointments
Scope of authority advice
Guardian disputes & NCAT
Revocation of existing appointment
Protect yourself and your family
An enduring guardian can only be appointed while you have capacity. Fixed fee. Home visits available throughout Lake Macquarie and Newcastle. Free first consultation.