Appointing an Enduring Guardian and the Guardianship Tribunal

Michael Schumacher probably thought that it could never happen to him. But his snow skiing accident shows that no-one is immune from a sudden change in their life’s circumstances. And if it happens, then we need someone that we can trust to be able to make decisions for us regarding our health. That’s where an Appointment of Enduring Guardian comes in.

We advise our clients on the need for an Appointment Of An Enduring Guardian. We can explain why they are necessary and how they operate. We assist our clients by indicating to them what an enduring guardian can do and what they cannot do. We take careful instructions from our clients so that we can explain what powers are available to be given to their Enduring Guardian and we can also make suggestions as to what powers ought (or ought not) to be given to them.

Leigh Adams Lawyers can explain the difference between the rights and duties of an Enduring Guardian appointed under an Appointment of Enduring Guardian, and the rights and duties of an Attorney appointed under an Enduring Power of Attorney, and why both are needed. We help our clients by assisting them understand that there can be a small overlap of powers between an Enduring Guardian and an Enduring Attorney.

Our team explains who can be appointed as an Enduring Guardian and when they should be appointed. We believe that it is important for our clients to understand when an enduring guardianship can start and when it can end. We give clarity to our clients in relation to these matters.

It is not uncommon for a client to want to change their guardian after one has already been appointed, and we assist our clients by explaining when and how this can be done.

Appointments of Enduring Guardians are drafted by us all the time. We help our clients with their decision as to whom they should appoint as a guardian and whether they should have more than just one Enduring Guardian. We explain the inter-relationship between the appointment of an Enduring Guardian and having an Advanced Care Directive and we can help our clients to think about what needs to be considered when giving instructions in relation to these documents.

If you have a genuine concern for the welfare of anyone who has appointed an Enduring Guardian, then we can assist you by helping you with making an application to the Guardianship Tribunal for a review of their appointment. We can advise you of the prospects of the Guardianship Tribunal suspending, revoking, confirming or varying the appointment of the Enduring Guardian. If need be, we can apply on your behalf for the appointment of a substitute Enduring Guardian, if the original Enduring Guardian has died, resigned, become incapacitated, or is otherwise not performing their duties properly.

We can assist you by informing you of the evidence that the Guardianship Tribunal will require as to the current Guardian’s disability, incapacity or improper conduct and the need for decisions to be made.

It is also important for our clients to be comfortable in the knowledge that their appointment as an Enduring Guardian has been made at a time when the appointor (the person appointing the Enduring Guardian) has the capacity to understand the appointment and that the appointor has entered into the arrangement freely and without undue influence. We can explain the relevant issues in the appointment process.

If you need any assistance, or just want an obligation free discussion, then call Leigh on 02 9570 7844.