NSW Enduring Power of Guardianship

New South Wales

Create this legal Document

Contact us to create this legal document.

Full Service

We create a bespoke document based on
your instructions.

From:

A$

132

Lawyer Assisted

Create the document yourself with 30 mins help from a lawyer.

Create the legal document yourself with 10 mins help from a lawyer.

A$

132

Lawyer Assisted

Create the document yourself with 30 mins help from a lawyer.

Create the legal document yourself with 10 mins help from a lawyer.

A$

132

Lawyer Assisted

Lawyer Assisted is not yet available for this document.

Create the legal document yourself with 10 mins help from a lawyer.

Most Popular

Self Service

Create the document instantly yourself by entering the key details.

A$

77

Most Popular

Self Service

Create the document instantly yourself by entering the key details.

A$

77

Self Service

Self Service is not yet available for this document.

77

Thank you! Your message has been received!
Oops! Please check your details and try again.

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

No items found.

In New South Wales, any person 18 years of age or older may appoint another person to be their Enduring Guardian under the Guardianship Act 1987 (NSW).

What is an Enduring Guardian empowered to do in NSW?

An Enduring Guardian is someone who can make healthcare, lifestyle and medical decisions* on behalf of a person who lacks decision-making ability.

An appointment of an Enduring Guardian in NSW:

1️⃣ Has effect only during such time as the appointor is a person in need of a guardian; and

2️⃣ Unless revoked or suspended under the Act, has effect during all such periods.

The appointment of a person as an Enduring Guardian is automatically revoked if the appointor marries or remarries a person (other than the appointee) after the date on which the person was appointed as an Enduring Guardian. (Section 6HA Guardianship Act 1987 (NSW)).

Note: New temporary regulations permit witnessing via video-conference during COVID-19 pandemic.

Functions of Enduring Guardians

GUARDIANSHIP ACT 1987 - SECT 6E

6E Functions of Enduring Guardians

(1) Subject to subsection (2), an instrument appointing a person as an enduring guardian authorises the appointee, while the appointment has effect, to exercise the following functions:
(a) deciding the place (such as a specific nursing home, or the appointor's own home) in which the appointor is to live,
(b) deciding the health care that the appointor is to receive,
(c) deciding the other kinds of personal services that the appointor is to receive,
(d) giving consent under Part 5 to the carrying out of medical or dental treatment on the appointor,
(e) any other function relating to the appointor's person that is specified in the instrument.
(2) The instrument of appointment may limit or exclude the authority it confers in relation to any one or more of the functions specified in subsection (1).
(2A) For the purpose of exercising a function that an appointee is authorised to exercise by an instrument appointing the appointee as an enduring guardian, the appointee has the same right of access to information about the appointor as the appointor has.
(2B) Nothing in the Privacy and Personal Information Protection Act 1998 prevents a public sector agency (within the meaning of that Act) from disclosing information about an appointor to an appointee if the agency is satisfied that the disclosure of the information would assist the appointee to exercise his or her functions as an enduring guardian.
(2C) Nothing in subsection (2A) affects the operation of the Health Records and Information Privacy Act 2002 in relation to the disclosure of health information about an appointor to an appointee.
Note : Section 7 of the Health Records and Information Privacy Act 2002 (when read with section 8 of that Act) provides that a guardian of an individual may do any act authorised, permitted or required by that Act on behalf of an individual who is incapable of doing that act. An individual is incapable of doing an act for the purposes of section 7 if the individual is incapable, by reason of age, injury, illness or physical or mental impairment, of understanding the general nature and effect of the act or communicating the individual's intentions with respect to the act. If the individual is capable of doing the act, then the guardian may not do the act on behalf of the individual unless expressly authorised to do so.
(3) The functions authorised by an instrument appointing an enduring guardian are, unless the Tribunal otherwise directs, to be exercised in accordance with any lawful directions contained in the instrument.

Optional Extras:

➲ 💡 Fraud + Litigation Prevention Technology $22 (free for members).

Safe Storage:

🔒 NSW Trustee + Guardian
[$29 one-time fee for a single document; $49 one-time fee for multiple documents. Prices current as at 19 November 2020].

A comprehensive overview of your hard-copy and online Safe Storage options are detailed in the RESOURCES section below.

[NSW] Bundle

➲ Discount code is NSWBUNDLE. ➲ Discount on the bundled subsequent documents is 50%.

Test your knowledge and get a discount for this document: take the .

Enter the code WHen you pay full price to Purchase one of the following Self Service documents:

Re-Enter the code at checkout each time you buy the following documents to get a discount:

Resources

What clients say

swipe left or right to view more testimonials
An illegal website is trying to use our name [a US-hosted duplicate of the entire business eCommerce Website] to gain advantages and scam customers. All the major search engines ignore it. James has initiated a DMCA takedown and will resolve the issue within one week. [Details Added for Clarity]. He understands how things work and knows the reason behind the issue.

Alex Ch. | DMCA Takedown Notice ➲ U.S. Online Copyright Infringment

,

Google

8

Jan 2024

Great service by james, very quick and minimal charges, glad to find Blue Ocean Law Group online. Definitely recommend to anyone and everyone for online law services. Thanks JAMES.

Mohar Singh

25

Oct 2023

After having received outrageous quotes from other firms, and wasting my money paying what I wasn't meant to pay, I finally found Blue Ocean Law Group online. Real people, solved my problem with empathy, communication, honesty and above all, professionality. A special thanks to James Ford. I will definitely keep this law firm in mind for any further issues, and highly recommend them if you want problems solved!! Thank you.

Wally Trotta

,

Google

15

Oct 2023

James is very helpful and patient with explaining the details. I look forward to working with you again in the future.

Ribbon Hime

11

Oct 2023

blueocean.law has awesome legal docs + legal wizards/services on its website! Especially its FREE U.S. Non-Immigrant Visa Application Legal Wizard [Global] which is right on point for my current business needs.

Aadeel Khan | U.S. Based SaaS Entrepreneur

15

Sep 2023

Meeting with James was a pleasure, I experienced something truly exceptional, and I can't help but share my enthusiasm through this review. The service I received was impeccable. James was not only highly professional but also genuinely friendly, making me feel like a valued client throughout that moment.

Ashraf Said | Justice of the Peace ➲ Accountant in Ingleburn (NSW) [1 of 3]

25

Aug 2023

blueocean.law's website is an incredible treasure trove of information! The depth and clarity of the content provided are truly impressive. It's evident that a lot of effort and expertise has gone into curating such a valuable resource. Thank you for creating a platform that’s engaging and very informative. Highly recommended.

Ashraf Said | Justice of the Peace ➲ Accountant in Ingleburn (NSW) [2 of 3]

25

Aug 2023

They were very knowledgeable and provided me with valuable information. Attention to detail was not limited, yet without sacrificing substance for style. In conclusion, our meeting provided an unforgettable experience, and the knowledge that I received was something truly remarkable. Highly recommended.

Ashraf Said | Justice of the Peace ➲ Accountant in Ingleburn (NSW) [3 of 3]

25

Aug 2023

This thought-provoking article underscores the often overlooked yet profoundly important aspect of estate planning – the ethical will or legacy letter – adding depth and significance to the process of passing down not just assets, but personal values and wisdom.

Penny McCreery | Lember & Williams | Lawyers In Caboolture #2

8

Aug 2023