ADIS Code - AG
An enduring guardianship allows a person to appoint another person to make personal or lifestyle decisions when the appointer can no longer do so for his or her self, eg decisions as regards place of residence, personal services, medical and dental treatments. The appointment of the guardian only takes effect when the appointer becomes incapable of making his or her own personal or lifestyle decisions.
The appointer, ie the person granting the guardianship, must be 18 years or older and be legally able to appoint a guardian.
The appointee, ie the guardian, cannot be a person providing treatment or care on a professional basis at the time of the appointment. More than one guardian may be appointed. The guardians may be appointed:
- jointly and must act together when making decisions on the appointers behalf; or
- separately and have different responsibilities.
A guardianship cannot be used for ordinary financial and property matters; a power of attorney is the appropriate action for these matters. See s6 Guardianship Act 1987.
The appointment may be made by completing the form prescribed in Schedule 1 Guardianship Regulations 2010.
To obtain an Appointment of Enduring Guardianship form or for more information on guardianships contact:
NSW Trustee & Guardian
T: 1300 364 103
www.tag.nsw.gov.au
The NSW Civil & Administrative Tribunal may revoke, confirm or change the functions in a guardianship, or make a guardianship Order where the appointer or anyone concerned requests a review of the appointment. The Tribunal does not supervise guardianships and will only intervene on request.
The appointment may be revoked if the appointer is capable of making decisions.
Mention of "revoke all other guardianship appointments previously given" (see Part 1 of the form) does not itself revoke previous appointments. No additional information or Noting is required. For revocation of a guardianship.
An additional lodgment fee is payable where a power of attorney is included in the Appointment of Enduring Guardianship form. Two registration stamps will be affixed to the document.
Lodgment requirements
Stamp duty - Not required.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Appointment of Guardian
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - Not required.
(D) Indexing - The appointor.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable), addreses and occupations of the appointor and the appointee are required. Advise the lodging party of any discrepancies in names.
Execution: by the appointor and the appointee.
Certificate of Witness: must be completed by a solicitor, barrister or Clerk of the Local Court. The Certificate of Witness must contain the statements:
- "I witnessed the person making the appointment and the appointee(s) signing this instrument in my presence" and
- "each person signed the instrument voluntarily and appeared to understand its effect".
IPF: must be completed
Staff processing information
If the Certificate Of Witness is not completed the appointment may be registered if insisted upon.
CA Not required
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: nil
V: the appointer, and any variations thereof.
P: nil.