Who can appoint an enduring guardian?
To make an Enduring Power of Guardianship you must:
Who should I appoint as an enduring guardian?
The person you appoint as your enduring guardian must also be 18 years of age or older and have full legal capacity. You can appoint more than one enduring guardian as joint enduring guardians, but they must act jointly. This means they must reach agreement on any decisions they make on your behalf. If you plan to appoint more than one enduring guardian it is important you consider their ability to work together on your behalf. You may also appoint substitute enduring guardians who would take over decision-making responsibilities in the event one or more of your enduring guardians was unable to continue in the role.
What decisions can my guardian make and when?
Your EPG will only be used if and when you become unable to make decisions for yourself.
You choose the decisions your enduring guardian will be able to make.
This would include enabling your enduring guardian to:
How do I appoint an enduring guardian?
You will need to complete an enduring power of guardianship form. You can find an EPG kit here.
What is an Advance Health Directive (AHD)?
An AHD is a legal document which enables you to make decisions now about the treatment you would want (or not want) if you became sick or injured and could not communicate your wishes. The AHD is a document that contains your decisions about your future treatment. It applies to medical, surgical and dental treatments including palliative care and life-sustaining measures. It only comes into effect if it applies to the treatment you require and only if you could not communicate your wishes at the time the treatment is required. An AHD is at the top of the hierarchy of treatment decision makers, which means that if you have appointed an enduring guardian, the health professionals will be bound by your AHD. An AHD takes priority over the decisions of your enduring guardian for the treatment stated in the AHD.
How do I make an AHD?
You can find the forms on the Department of Health’s website.
The Hierarchy of Decision Makers
If you have any queries regarding AHDs or Enduring Guardianships, please make an appointment with us or your advisor.