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An “enduring guardian” occupies a similar role to an attorney with enduring power, but an enduring guardian will generally have wider powers than an attorney.
The Guardianship Act 1987 (NSW) allows you to appoint a person as your guardian, which only has effect when you are in need of a guardian. The guardian can be empowered to decide any or all of the following:
- The place (such as a specific nursing home, or your own home) in which you are to live;
- The health care that you are to receive;
- The other kinds of personal services that you are to receive;
- The medical or dental treatment to be carried out on you.
An enduring guardian cannot consent to anything unlawful and cannot attend to certain things, including but not limited to:
- Make a will for you;
- Vote on your behalf;
- Manage your finances; or
- Override your objections, if any, to medical treatment.
If you would like more information or advice on Enduring Guardianship or if you have another Wills & Estate Planning matter, please complete and submit the express enquiry form or call us on +61 2 9223 9166 to arrange an appointment.
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The Quinn Group operates Quinn Consultants, Quinn Lawyers, Quinn Financial Planning and Quinn Financial Solutions. The Quinn Group provides related information in regard to legal, accounting and financial planning issues. Liability limited by a scheme approved under Professional Standards Legislation* *other than for the acts or omissions of financial services licensees.