We all like to decide what medical care is best for us and we all have the right to accept or refuse any medical treatment. But what if you become unable, through incapacity, to make any informed decisions about your own care? This can be challenging to deal with. Based on our experience, it is easier to deal with this now with you family, rather than them making decisions for you at a later time when they are emotionally distressed.
Your Guardian is the person you nominate to make lifestyle, medical and dental decisions for you if you become unable through incapacity to make those decisions for yourself. You should only appoint someone you trust and who is sensitive to your wishes. Your Guardian has no power to deal with your assets.
A Power of Guardianship can be revoked at any time.
An “Enduring Power of Guardianship” only comes into effect upon your loss of capacity and will continue to be effective during the period of your incapacitation.
Appointing a Guardian is done as a precautionary matter so that if you are unable to make decisions concerning where you live and what medical and dental treatment you will receive then your Guardian will make these decisions on your behalf. Most people tend to appoint their spouse as first choice then one or more of their children as back-up Guardians.
Your Guardian must act within your specified guidelines. It is a good idea to appoint second choice Guardians in case your first choice dies or becomes incapacitated.
Please note that children under 18 cannot be appointed. People appointed as your guardian must sign acceptance of appointment before it comes into effect.
An enduring guardianship deed will give your family support and peace of mind, by clearly communicating your wishes.
If you would like to appoint an enduring guardian, please complete this instruction form and return it to us.
What it costs
Please contact Next Generation Estate Planning Lawyers to discuss your particular requirements. We will explain what we will do for you, how long it is likely to take, and give you a costs estimate. There will be no charge for the first consultation.