What to Consider When Preparing an Enduring Power of Guardianship

One of the most critical decisions when preparing an enduring power of guardianship is choosing the right person or persons to act as your enduring guardian.

When preparing an enduring power of guardianship, there are several important factors to consider:

  1. Choosing the right person: The person or persons you choose to act as your enduring guardian should be people you trust and who have your best interests at heart. Remember that these are the people who will make important health and medical decisions on your behalf if you cannot make those decisions for yourself.
  2. Scope of authority: Consider the scope of authority you wish to grant to your enduring guardian. Will they have authority to make all health and medical decisions pursuant to the Guardianship and Administration Act 1990 (WA), or do you wish to limit their authority to certain health and medical decisions only? Be clear about the limitations of their authority and ensure that they understand their responsibilities.
  3. Contingency planning: Consider what will happen if your chosen enduring guardian is unable or unwilling to act on your behalf. Have a contingency plan in place, such as naming a substitute enduring guardian to ensure that your interests are protected.
  4. Communication: It is important to communicate your wishes and expectations to your enduring guardian. Make sure they understand your values, preferences, and priorities, and that they are aware of any specific instructions or limitations you have set.
  5. Review and update: It is important to review and update your enduring power of guardianship periodically, especially if there are any changes in your circumstances. Ensure that your document reflects your current wishes and preferences.

By carefully considering these factors, you can help ensure that your enduring power of guardianship accurately reflects your wishes and protects your assets.

If you wish to speak with our experienced wills and estates lawyers to ensure that your enduring power of guardianship accurately reflects your wishes and intentions, and is prepared in accordance with law, feel free to contact the team at Lewis Kitson Lawyers.

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All information on this site is general information only, and does not constitute specific legal advice. Please consult one of our experienced legal team for specific advice relevant to your situation.