Who Decides If You Can’t? The Truth About Enduring Guardians in NSW

Picture this: you’re in a car accident. You’re unconscious.
Doctors need to make critical decisions — whether to operate, what medications to give you, or worst case, whether to turn off life support.

Who makes those calls?
Your partner? Your parents? Your kids?

Here’s the confronting truth: without an Enduring Guardian, it might not be anyone you’d choose.
And sometimes, it’s not decided by family at all — it ends up in a tribunal, dragging out months of conflict and heartache.

In this episode of The StacyM Show, I’m diving into something that’s not just legal — it’s deeply personal.
Let’s talk about what an Enduring Guardian actually is, why you need one, and what happens if you don’t have it sorted.

What Is an Enduring Guardian?

In plain English: an Enduring Guardian is someone you appoint (while you still can) to make personal and lifestyle decisions if you lose the capacity to make them yourself.

And no — it’s not the same as a Power of Attorney.
Think of it like this:

• Enduring Guardian = Health, lifestyle, personal choices

• Power of Attorney = Money, property, and legal stuff

You need both. They work hand in hand but cover different areas of your life.
In NSW, your Enduring Guardian only steps in if you lose capacity — meaning you’re still in charge while you’re able to be.

What Happens If You Don’t Have One?

I’ve seen it too many times — families torn apart because no one was officially appointed.

Scenario 1: The Family Battle
Mum has a stroke. She can’t communicate.
Her partner wants her at home with care.
Her daughter says she’s safer in aged care.
Her son disagrees with both.
With no Enduring Guardian, the matter ends up at NCAT (the tribunal). It’s stressful, expensive, and heartbreaking — and no one truly knows what Mum wanted.

Scenario 2: The Wrong Person Decides
An estranged relative ends up as next of kin and makes decisions completely against your wishes. Yep — it happens.

Scenario 3: The Delay
You need urgent treatment, but no one is legally authorised to consent.
The result? Delays, confusion, and sometimes worse outcomes.

Losing capacity doesn’t just happen to the elderly. It can happen after accidents, strokes, or even mental health crises.
An Enduring Guardian is your voice when you can’t speak — your legal protection and peace of mind.

What About Other States?

If you’re outside NSW, don’t scroll past — every Australian state has a version of this:

• VIC: Medical Treatment Decision Maker

• QLD: Enduring Power of Attorney (for personal/health matters)

• SA: Enduring Guardian

• WA: Enduring Power of Guardianship

• TAS: Enduring Guardian

• ACT: Enduring Power of Attorney (Health)

• NT: Advance Personal Plan

Different names, same purpose: you choose who decides for you.
Just make sure your document is valid under your state’s laws.

📝 How to Appoint an Enduring Guardian (in NSW)

It’s not as complicated as it sounds — here’s how to do it right:

1. Choose your Guardian wisely.
   Someone who knows your values, will advocate for you, and won’t crumble under pressure.

2. Have the conversation.
   Don’t surprise them later. Talk about your wishes — treatment, living arrangements, quality of life.

3. Make it official.
   Fill out the Appointment of Enduring Guardian form and have it witnessed by a lawyer or registrar.

4. Store it safely and share copies.
   Give a copy to your guardian, doctor, and lawyer. Keep the original somewhere secure.

5. Review it regularly.
   Life changes — your guardian might need to as well.

This isn’t morbid or pessimistic — it’s one of the most loving things you can do for your family.
You’re not just planning for the worst; you’re protecting everyone from confusion, conflict, and guilt.

So, if you don’t have an Enduring Guardian in place yet — make it happen this week.
And if you’ve got one? Double-check it’s still right for where you’re at in life.

Because the truth is… you don’t have to survive — you can thrive, even in the tough conversations.

• Learn more about Enduring Guardians → Aqua Legal & Conveyancing 

• Join the Empowered Separation Program → stacymunzenberger.com/programs

• Follow Stacy on Instagram → @stacymunzenberger

“An Enduring Guardian is your voice when you can’t speak — and your protection when life blindsides you.”

 

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