Enduring Guardianship
The loss of capacity to make decisions in our lives can occur for a range of reasons. Disabilities such as dementia, brain injury or psychiatric illness may limit our ability to understand and appreciate what is involved in making a decision.
In NSW there are ways to plan ahead for a loss of capacity. The most common include the appointment of an enduring power of attorney and/or an enduring guardian and the making of an advance care directive (living will).
The Public Guardian publishes a guide to the appointment of an enduring guardian "Enduring Guardianship: Your Way to Plan Ahead" and provides free information sessions on request. (Community Education Request Form).
Enduring Guardianship in NSW
The Guardianship Act makes it possible for you to appoint an enduring guardian. An enduring guardian makes decisions on your behalf in areas such as accommodation, health and services, should you lose the capacity to make your own decisions at some time in the future.
More information.
The Capacity Toolkit is a guide to assessing a person's capacity to make legal, medical, financial and personal decisions.
Please go to www.lawlink.nsw.gov.au/diversityservices website for details.
New Guardianship Regulation 2010
A new Guardianship Regulation 2010 was made by the Governor- in-Council on Wednesday 11 August 2010. The new Regulation was published on Friday 13 August 2010 on the NSW legislation website (www.legislation.nsw.gov.au) and came into effect on 1 September 2010. This Guardianship Regulation supplements the Guardianship Act 1987and its provisions support and enable the practical operation of several provisions of the Act.
Key changes to the regulation include:
• New forms for appointing, revoking or resigning an appointment of enduring guardian.
• A new provision prescribing certain classes of persons as eligible witnesses for appointment of enduring guardians.
• Addition of enduring guardianship appointments made under WA law to those instruments which can be recognised as interstate enduring guardians in NSW. WA appointments were not previously included.
• Amendments to the classes of medical treatment that are declared to be special treatment for the purposes of Part 5 of the Guardianship Act 1987
The Regulation can be found at the following link:
http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+426+2010+cd+0+N
Other useful links
Alzheimer's Australia have developed a planning tool titled 'Legal Planning and Dementia'. It contains information for people with dementia, their families and carers about legal planning and legal issues related to dementia, and is applicable to all Australian States and Territories.
For further information regarding appointing an enduring power of attorney click on the link to NSW Trustee and Guardian.
For further information regarding power of attorney and registering power of attorney click on the link to The Department of Lands (Formerly known as Lands Titles Office).
For further information regarding Advance Care Directives click on the link to NSW Health.
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