Estate Planning Lawyers Sydney

Enduring Guardianship Legal Services Sydney


An Enduring Guardianship is a legal document. It appoints a guardian to make medical and lifestyle decisions for the “Donor”, or person who appoints them. 

This responsibility is triggered when the Donor can no longer make decisions for themselves. An example might be a degenerative illness or an accident. 

As experts in Wills and Estate Planning, Espino Law can handle the preparation of all your Enduring Power of Guardianship form preparation and application processes, ensuring their complete legal compliance. We can also provide excellent advice and guidance to help you navigate the complexities involved. 

Enduring Guardian Responsibilities

The people or person you appoint in this role can act on your behalf and make decisions including:

  • Where you live. 

  • Treatments you wish to receive.

  • The level of care you would like to receive. 

  • Details regarding medical and dental treatment as well as palliative care. 

  • Other general matters regarding your health care. 


Key Criteria

The document can appoint more than one person in the role. However, it must be very clear how decisions will be made for every conceivable scenario (e.g. jointly, separately or a combination). 

All parties must be 18 years or older. It is important to note that, you may revoke the appointment at any point, provided you are of sound capacity to do so. Equally, your enduring guardians may resign from the role by providing written notice. 

Importantly, Enduring Guardianship does not extend to financial and legal affairs. In such instances, you would require a separate document called a Power of Attorney.

Our Services


Clients can initially feel overwhelmed by the level of detail, complexity and confronting emotions associated with this process. We’re here to help guide you through every element. Our services include: 

  • Consultation and advice regarding Enduring Guardianship laws and requirements.

  • Drafting and reviewing all legal documents and ensuring their compliance. 

  • Helping you understand the complexities and responsibilities of the role so you can make a suitable appointment. 

  • Reviewing and updating documents so they align with any changing circumstances.


Why Espino Law for your Enduring Guardianship Services?

  • There are many reasons why Espino Law is best placed to serve and represent you. 

  • We break down complex legal jargon and explain challenging terms in clear, easy-to-understand language. 

  • Experts in Family Law, we can also represent and advise you in other matters. 

  • There’s no such thing as a cookie-cut-out Enduring Guardianship - your circumstances and wishes are unique and guide our tailored advice.

  • This can be a confronting and triggering topic. We understand, and conduct ourselves with great sensitivity and respect for you.

  • We work with heart, but our expertise centres on legal support. That said, we can put you in contact with highly skilled professionals, such as emotional therapists. 

  • Our reputation is flawless, and our client testimonials are second to none. 

  • We want to resolve this matter as soon as possible for you and help to bring you peace of mind as quickly and cost-effectively as possible. Marathon meetings, minute counting, and lengthy itemised billings are not part of our culture. 


FAQ

  • Typically, a Guardian acts on behalf of a minor until they reach the legal age to assume their independence. An Enduring Guardian makes important medical and lifestyle decisions for someone who is legally incapacitated to do so.

  • Our legal team is well-versed in this area of Law and can guide you through the process every step of the way. This can feel overwhelming at the beginning. However, rest assured we will save you time, money and anxiety by steering you on the right path from the very beginning.

  • If you are concerned about becoming incapable of making decisions about your personal life and medical health care, you should appoint an enduring guardian. Elderly individuals, those suffering from chronic illness or disability and people who find comfort in planning ahead are all likely to need or want this documentation.

    However, irrespective of age or circumstance, you should consider making an appointment of Enduring Guardianship. Doing so ensures that someone you nominate can make medical decisions for you in the unlikely event of an accident.

  • You must involve as witness an Australian legal practitioner, Registrar of the NSW Local Court, overseas-registered foreign lawyer or an approved employee of NSW Trustee and Guardian or the Office of the Public Guardian.

Kateryna Espino Law

Contact Us

Be ultimately in control of your future even when it’s no longer possible. Contact our team of legal experts today and let us help prepare your Enduring Guardianship.