What is an Enduring Power of Guardianship?
An Enduring Power of Guardian (“EPG”) is a legal tool that enables a competent adult (“the Appointor”) to appoint another person (“the Enduring Guardian” or “Appointee”) to make personal, lifestyle and treatment decisions on their behalf.
When does an EPG come into Effect?
An EPG only comes into effect if the Appointor loses the capacity to make decisions for themselves. The loss of capacity can be gradual and it is possible for an Enduring Guardian to take responsibility for more complex matters, while the Appointor continues to make more simple decisions.
What Decisions are Authorised?
Under the Guardianship and Administrative Act 1990 the term “treatment” means any medical, surgical or dental treatment or other health care, including life-sustaining measures and palliatative care. A treatment decision is one that enables the Enduring Guardian to consent to or refuse consent to provide any treatment.
Personal and lifestyle matters may include where a person lives, the type of support services they receive and the people with whom they have contact. The personal decisions and those in respect of lifestyle that an Enduring Guardian will have authority to make are stated in the document.
Who can be Appointed an Enduring Guardian?
Anyone can be appointed as an Enduring Guardian, provided they are over the age of 18 years and have full legal capacity.
The Role of the Enduring Guardian?
The Appointor can give the Enduring Guardian the power to make all personal, lifestyle and health care decisions or the Appointor can impose limits on the Enduring Guardian’s decision making authority.
If the Appointor wishes the Enduring Guardian to make all personal, lifestyle and treatment decisions then the Enduring Guardian would have the power to make decisions with respect to the following:
where the Appointor lives, whether permanently or temporarily;
who the Appointor is to live with;
whether the Appointor works and if so, any matters related to that work;
provide or refuse consent, on the Appointor’s behalf, to any medical, surgical or dental treatment or other health care;
what education and training the Appointor receives;
determine who the Appointor will associate with;
commence, defend, conduct or settle any legal proceedings on the Appointor’s behalf (except proceedings that relate to the Appointor’s property or estate);
advocate and make decisions about the support services the Appointor will have access to; and
seek and receive information on the Appointor’s behalf.