Enduring Guardian Living Wills Advance Care Directives NSW ...

In an earlier post we discussed enduring powers of attorney and their importance in an overall business succession plan. ?In this post, we will deal with another document that should form part of every personal succession strategy.

What is an enduring guardianship?

An enduring guardianship is a legal document that an adult (known as the ?appointor?) may use to appoint a guardian to manage or conduct their personal and health affairs.

The enduring guardianship operates in a period when the appointor is totally or partially incapable of managing their person because of a disability.

What powers are granted to an enduring guardian?

The appointor can limit or expand the power of an enduring guardian as they see fit. ?The usual powers that are granted to an enduring guardian are:

1. deciding where the appointor is to live;

2. deciding what healthcare the appointor is to receive;

3. deciding the other kinds of personal services the appointor is to receive; and,

4. giving consent to carry out medical and dental treatment on the appointor.

What is an advance health care directive?

An advance health care directive or advance care directive is a document that sets out your wishes in relation to future medical treatment in the event that you lack the capacity to make decisions or make your wishes known. ?It is often referred to as a living will. ?We usually incorporate such a directive in an enduring guardianship document.

The advance care directive can operate in two ways. ?Firstly, it is a direction to your enduring guardian as to what healthcare measures you would like medical staff to take. ?For instance, you can direct your guardian to ensure that artificial means of preserving your life such as life support are not used in circumstances where there is no hope for recovery. ?Alternatively, you can direct your guardian to ensure that all measures are taken to resuscitate, preserve life and treat your condition even though there is little hope for recovery. ?Secondly, our standard advance care directive contains a direction to healthcare workers and family members to honour the wishes expressed in your advance care directive. ?The fact that the directive expresses your intention to bind your guardian and medical professionals while you are still alive is the basis on which the document is called a living will.

Why you should see a lawyer about your enduring guardianship and advance health care directive.

In order for an enduring guardianship to be effective, a lawyer must witness the signatures of the appointor and the enduring guardian. ?The lawyer must also sign a certificate saying that he or she explained the document to the parties, they all appeared to understand its effect and they signed the document voluntarily. ?Enduring guardianship and advance care directive documents are important legal documents that place a great deal of power and control in the hands of the person appointed. ?The documents need to be expressed properly and must be tailored to the individual circumstances of the appointor whilst still complying with the law.

If you need advice or assistance in relation to enduring guardianship, advance care directives or?succession plans, ?go to our?contact page,?send us an email or submit an enquiry using the form on the right side of your screen.? Our professional staff are waiting to help you with your?estate planning needs.

Source: http://www.breene.com.au/2011/07/12/enduring-guardianship-and-advance-health-care-directives/

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