What is an Enduring Guardianship?
After you have reached the age of 18 you can appoint one or more people to be your enduring guardian. Your enduring guardian will make decisions about your lifestyle and medical treatment in the event that you are unable to do so for yourself.
Why Is An Enduring Guardian Useful?
At some point in life you may not be able to make decisions in regards to how you live which is why it is important to think about this issue before the need arises.
In the event that you have not named an enduring guardian, arranged an ed=nduring guardianship form and you lose your mental capacity the Guardian Tribunal or Supreme Court will appoint one for you. You may not be happy with the results and this may be a costly and time consuming process. Choosing an enduring guardian will allow you to who you want to choose to make decisions about your medical treatment.
What restrictions are on who can be appointed?
A guardian must be at least 18 years old and someone who can be trusted to look out for your best interest. People who are excluded from being your guardian are those who earn a living by providing medical treatment, care or support daily living services.
What should be included?
It is up to you to decide whether you want specific directions left to your enduring guardian or to allow them to act in your best interest. Your guardian must act according to the principles of the Guardianship Act and limit their decisions to your medical treatment and lifestyle and follow any specific instructions contained in the appointment document.
Change of mind
Only when you become incapable of making your own decisions does the appointment of your guardian take effect. While you are mentally able to make your own decisions you can revoke the agreement whenever you wish. In order to revoke the agreement you must complete a revocation form and the document must be witnessed before an appropriate official such as a solicitor.
After you are incapable of making your own decisions only the Guardian Tribunal can change your guardian. In the event of a dispute in regards to whether a person needs a guardian at a specific point in time, a medical practitioner will certify whether the appointor was in need of a guardian at that moment.
In order for n enduring guardianship to go into effect it needs to be witnessed by the appropriate party such as a solicitor or a barrister who are required to complete the certificate requirement according to the Guardianship Act.