**Enduring Guardian** (noun) — A person appointed under an enduring guardianship document to make personal, lifestyle, and medical decisions on behalf of someone who has lost capacity, as recognized under Australian state and territory legislation.
An enduring guardian is someone you appoint to make decisions about your personal life and medical care if you become unable to make these decisions yourself. This is separate from an enduring power of attorney, which deals with financial matters. Your enduring guardian handles things like where you live, what medical treatment you receive, and what personal services you need.
The types of decisions an enduring guardian can make include choosing what medical treatments you receive, deciding where you should live (such as at home or in aged care), determining what personal services and support you need, and making decisions about your day-to-day care. They cannot make decisions about your finances or property, which is why you need both an enduring guardian and an enduring power of attorney for complete planning.
You can appoint more than one enduring guardian and specify whether they must make decisions together or can act separately. You can also give them specific instructions about your wishes, such as preferences about medical treatment or living arrangements. These instructions guide them when they need to make decisions on your behalf.
⏱ When you'll encounter this term
In Australia, an enduring guardian appointment is one of the key estate planning documents alongside your will and enduring power of attorney. Each state and territory has its own legislation governing enduring guardianships, with slightly different names and requirements in each jurisdiction.
Your enduring guardian only has authority once you've lost capacity to make decisions yourself. Before that point, you continue making your own decisions about your care and lifestyle. Capacity is usually assessed by a doctor or medical professional when questions arise about whether you can make your own decisions.
Choosing an enduring guardian is a deeply personal decision. This person will potentially make crucial decisions about your medical treatment and living arrangements. Most people choose a spouse, adult child, other close family member, or trusted friend. The person should know your values and wishes, be willing to take on this responsibility, and be someone you trust to act in your best interests even in difficult situations.
**Related terms:** [Enduring Power of Attorney](/dictionary/enduring-power-of-attorney), Medical Power of Attorney, [Advance Care Directive](/dictionary/advance-care-directive)
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"I appointed my daughter as my enduring guardian in NSW. If I lose capacity, she'll decide where I live, what medical treatment I receive, and what personal care I need."