Enduring Guardianship: What It Means for Your Loved Ones

What Is An Enduring Guardianship?

Many people plan for what will happen to their assets after death, but fewer consider what happens if they become unable to make important decisions during their lifetime.

An Enduring Guardianship is a legal document that allows you to appoint a trusted person to make personal and lifestyle decisions on your behalf if you lose the capacity to make those decisions yourself.

In NSW, an enduring guardian can make decisions about areas such as:

• Where you live
• What healthcare and medical treatment you receive
• What services you access
• Certain lifestyle decisions

The appointment only takes effect if you are unable to make those decisions yourself. While you retain decision-making capacity, you continue to make your own choices.

For many families, an Enduring Guardianship provides reassurance that someone they trust will be able to step in if circumstances change due to illness, injury, disability or declining health.

Why Is An Enduring Guardianship Important?

Unexpected events can happen at any stage of life.

A serious accident, illness, stroke, dementia diagnosis or other health condition may affect your ability to communicate your wishes or make decisions.

Without an Enduring Guardianship in place, your loved ones may face uncertainty about who has authority to make important decisions for you.

In some circumstances, family members may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for a guardianship order if no suitable person has already been appointed. This can create additional stress during an already difficult time.

By preparing an Enduring Guardianship in advance, you can:

• Choose the person who will make decisions for you
• Give guidance about your preferences
• Reduce potential disagreements among family members
• Provide clarity during difficult circumstances

What Decisions Can An Enduring Guardian Make?

An enduring guardian’s authority depends on the functions you choose when preparing the document.

These may include decisions about:

Medical and Healthcare Decisions

Your enduring guardian may make decisions about medical and dental treatment where you are unable to decide for yourself.

This can include considering treatment options and communicating with healthcare providers on your behalf.

Accommodation Decisions

An enduring guardian may help decide where you live if you are unable to make that decision yourself.

This may include decisions about:

• Moving into aged care
• Accessing supported accommodation
• Receiving additional care services

Lifestyle and Support Decisions

Your enduring guardian may also assist with decisions about services and arrangements that support your well-being.

You can provide directions about your wishes, values and preferences to help guide the decisions they make.

What An Enduring Guardian Cannot Do

An Enduring Guardianship does not give someone control over every aspect of your affairs.

An enduring guardian generally cannot make decisions about:

• Your money or financial affairs
• Changing your Will
• Making a new Will
• Voting decisions
• Entering into marriage on your behalf

Financial decisions are handled separately through an Enduring Power of Attorney.

Many people prepare both documents as part of a broader estate planning strategy.

You can learn more about financial decision-making arrangements in our guide: Power of Attorney Explained: Who Needs One and Why.

Who Should You Choose As Your Enduring Guardian?

Choosing an enduring guardian is one of the most important decisions you will make.

The person you appoint should be someone who:

• You trust completely
• Understands your values and wishes
• Can make difficult decisions under pressure
• Is willing to accept the responsibility
• Can communicate effectively with family members and healthcare professionals

Many people choose:

• A spouse or partner
• An adult child
• A close family member
• A trusted friend

The right choice will depend on your personal circumstances and family relationships.

It is also worth considering appointing a substitute enduring guardian in case your first choice is unable or unwilling to act in the future.

When Should You Prepare An Enduring Guardianship?

There is often a misconception that Enduring Guardianship is only something older people need to consider.

While it is particularly important as people age, unexpected situations can affect anyone.

You should consider preparing an Enduring Guardianship if:

• You are preparing or updating your will
• You are starting retirement planning
• You have been diagnosed with a serious illness
• You want to ensure your family knows your wishes
• You have recently experienced a major life change
• You want greater control over future healthcare decisions

Preparing these documents while you have full decision-making capacity ensures your choices remain your own.

Enduring Guardianship and Estate Planning

An Enduring Guardianship forms an important part of a complete estate plan.

A comprehensive estate plan may include:

• A current will
• Enduring Power of Attorney
• Enduring Guardianship
• Superannuation beneficiary nominations
• Testamentary trust planning where appropriate

Together, these documents help protect both your assets and your personal well-being.

Estate planning is not only about what happens after death. It is also about ensuring you are supported and protected during your lifetime.

Reviewing Your Enduring Guardianship

Your circumstances may change over time, so it is important to review your arrangements regularly.

You may need to update your Enduring Guardianship if:

• Your relationship with your appointed guardian changes
• Your chosen guardian can no longer act
• You move interstate
• Your health circumstances change
• Your personal wishes change

Regular reviews help ensure your documents continue to reflect your current intentions.

How Berryman Partners Can Help

At Berryman Partners, we help individuals and families across Newcastle, Lake Macquarie and the Hunter region prepare practical estate planning documents that provide confidence for the future.

Our team can assist with:

• Preparing Enduring Guardianship documents
• Reviewing existing estate planning arrangements
• Preparing wills and powers of attorney
• Advising on protecting your family’s future
• Ensuring your wishes are clearly documented

We take the time to understand your circumstances and help create an estate plan that provides clarity and protection when it matters most.

Final Thoughts

An Enduring Guardianship gives you the opportunity to choose who will make important decisions for you if you cannot make them yourself.

While no one expects to lose capacity, having the right documents in place can reduce uncertainty and provide peace of mind for both you and your loved ones.

At Berryman Partners, we provide clear, practical estate planning advice tailored to your circumstances.

Contact Berryman Partners today to discuss preparing your Enduring Guardianship and protecting your future.

This blog was written by Director,

 David Berryman

David practises in the areas of Wills & Estates, Conveyancing,

and Business & Commercial Advice