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Our Wills Team

Elliot Ryan
Senior Associate
Junior Lawyer
Junior Lawyer

What is an Enduring Power of Guardianship?

An Enduring Power of Guardianship (EPG) is a legal agreement that allows you to nominate a person of your choice to make your personal, lifestyle and treatment decisions on your behalf, should you become incapable of making these decisions for yourself, during your lifetime. This person is referred to as your enduring guardian.

Your enduring guardian is not authorised to make financial or property decisions on your behalf.

You can make an EPG if you are over the age of 18 years and have full legal capacity.

An EPG must be signed in the presence of at least one authorised witness and a second independent witness over the age of 18 years.

Who can I appoint as my guardian?

You can appoint more than one person to be your enduring guardians, however they must act jointly in any decision they make. It recommended that you choose guardians who get along with each other, or risk arguments relating to decisions about your care.

It is recommended that you only appoint a maximum of two enduring guardians.

You may also appoint up to two substitute attorneys in the event that your appointed attorneys are unable to act.

What can my enduring guardian do?

Your enduring guardian can:

  • decide where you live, permanently or temporarily;
  • decide who you live with;
  • decide whether or not you work and, if so, any matters related to that work
  • make treatment decisions on your behalf to any medical, surgical or dental treatment or other health care (including palliative care and life-sustaining measures such as assisted ventilation and cardio-pulmonary resuscitation);
  • decide what education and training you receive;
  • determine who you associate with;
  • commence, defend, conduct or settle any legal proceedings on your behalf, except proceedings that relate to your property or estate;
  • advocate for and make decisions about the support services you access; and
  • seek and receive information on your behalf.

Do I have to register my EPG?

An EPG is a private agreement, it is not required to be registered with any governing body.

Can I revoke an EPA?

You can revoke your EPG at any time, provided you still have legal capacity to do so.

Contact us to discuss whether an Enduring Power of Guardianship is right for you.