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The Importance of Understanding the Enduring Power of Guardianship in Estate Planning

What is an Enduring Power of Guardianship?

An Enduring Power of Guardianship (EPG) is a critical legal document that allows you to plan for your future care. When you create an Enduring Power of Guardianship, you (the appointor) can designate someone you trust to be your guardian. This Enduring Power of Guardianship becomes active only if you lose mental capacity, enabling your chosen guardian to make personal, lifestyle and treatment decisions. Your Enduring Power of Guardianship can include limitations on the guardian's authority.


Powers Under an Enduring Power of Guardianship

Through an Enduring Power of Guardianship, your guardian can decide:

  • your living arrangements

  • your cohabitation situations

  • your employment status

  • medical, surgical and dental treatment consent

  • education and training opportunities

  • social associations

  • support services access and advocacy.

What Happens Without an Enduring Power of Guardianship? If you haven't established an Enduring Power of Guardianship and lose mental capacity, decisions default to your 'person responsible' (next of kin). To make treatment decisions in the absence of an Enduring Power of Guardianship, this person must:

  • have full legal capacity

  • be at least 18 years old

  • be reasonably available

  • be willing to make decisions and

    • be your cohabiting spouse/de facto partner

    • maintain a close personal relationship with you, or

    • be your primary unpaid caregiver

Multiple Next of Kin: Decision-Making Hierarchy Without an Enduring Power of Guardianship, multiple qualified next of kin are prioritized as follows:

  1. Spouse/de facto partner

  2. Closest relative with a close relationship:

    1. Adult children

    2. Parents

    3. Siblings

  3. Primary unpaid caregiver

  4. Other close personal relationships

Next of Kin Documentation While next of kin need no formal documentation, establishing an Enduring Power of Guardianship provides clear authority and certainty about your wishes. Benefits of Establishing an Enduring Power of Guardianship You will be giving a person you know and trust the authority to make personal, lifestyle and treatment decisions on your behalf during a period when you have lost legal capacity. These are some reasons why you should appoint an enduring guardian:

  • Loss of legal capacity can be sudden and you may not have had an opportunity to share you wishes with you next of kin

  • Your spouse may not be the best person to make personal, treatment and lifestyle decisions for you

  • If you have no children and your spouse dies or loses mental capacity it is better to appoint someone you trust then rely on your next of kin

  • If you do not trust one or more of your children to decide for you. You may want to exclude a child who will choose the cheapest nursing home for you

  • If you children live in different states or countries – remember they must decide jointly

  • You can limit the powers of your guardian.


Take Action Today

Take control of your future care decisions today:

  1. Book a free 15-minute consultation to discuss your Enduring Power of Guardianship needs

  2. Receive expert guidance on choosing the right guardian

  3. Get your Enduring Power of Guardianship properly documented and registered


Contact Us

📞 Call us today: 04211 45637 ✉️ Email: val@crystallawyers.com.au 


Protect yourself with a properly established Enduring Power of Guardianship.

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