Who looks after you, when you cannot? The NSW government? Retirement home? A doctor? Should they control your body? Or, do you trust your family more? If so make an NSW Medical POA.
An NSW Appointment of Enduring Guardian appoints a person. That person is called your Guardian. Your Guardian makes healthcare, lifestyle and medical decisions. This is on your behalf. But only if you are unable to make such decisions yourself.
Our client’s wife was trapped in a high-end retirement home in NSW. She had Alzheimer’s Disease. Our client wanted to get her out. The retirement home said he had no right to touch or move a person. Not even a wife. He rang me in tears. I told him to go home and get the NSW Medical POA. He got it. He took it to the aged care facility and he got his wife out.
Our client’s wife was in a hospital near Cobbitty-Leppington. According to our client, the doctors were ‘behaving like Gods, not doctors’. Our client presented the NSW Medical Power of Attorney. And he moved her to another hospital. There was nothing the doctors could do.
The NSW Medical POA allows you to appoint loved ones. If you lose mental capacity then they decide your:
But only if you can’t make decisions yourself.
An NSW Appointment of Enduring Guardian is also called:
The NSW Medical POA is made under Guardianship Regulation 2016, Schedule 1.
Yes, you should let the NSW Guardian know. Usually, only spouses, children and your parents are prepared to take on the onerous obligation of holding your NSW medical guardianship.
Talk openly with your chosen guardian about your lifestyle decisions. What are your views and goals? If you are in a vegetable state do you want to be forced fed?
An NSW enduring guardian makes decisions about:
An Enduring Guardian can only make lifestyle decisions. This is generally about health and lifestyle. It does not deal with money, shares and real estate.
Instead, build an NSW Enduring POA for someone to make financial decisions on your behalf.
Getting married? Marriage revokes the Enduring Guardianship. Your NSW Appointment of Enduring Guardianship is automatically revoked. And you need to make a new one.
If you marry the person you appointed as guardian then the Enduring Guardianship remains valid. You do not need to update your Enduring Guardianship if you marry your guardian.
Yes. Your Enduring Guardian may resign any time. Your Guardian just gives you notice in writing. However, once you lose mental capacity it is too late for your Guardian to resign. They apply to the NSW Civil & Administrative Tribunal to resign.
New South Wales has no place to store or register your Enduring Guardianship. There is no public register, such as they have in Tasmania.
Therefore, your Enduring Guardianship appointments are not available to the public. Doctors, hospitals and nursing homes can not go online and search to see if you have an NSW Enduring Guardianship.
Therefore, if you wish offer up your original Enduring Guardianship to those people. Invite them to take a copy of your original Enduring Guardianship. Just make sure that you get back the original. Too often these groups are very controlling and bossy. They often want to keep the original.
Included in the cost of the Enduring Guardianship is free advice from Legal Consolidated. At no charge, you or your Guardian can ring us. At no charge, we get back the original Enduring Guardianship. We also help both you and the Guardian on how to use the Enduring Guardianship. This is for the rest of your life.
Each State and Territory has their own type of Power of Guardianship:
If you are going to live or travel for long periods outside of NSW then consider building additional medical POAs, as well.
As well as an NSW Enduring Guardian you can also do an additional document. It is called an NSW Advance Care Directive (NSW Living Will). However, they do not work. They are dangerous. Instead, it is better to only build an NSW Enduring Guardianship.
For legal advice telephone us. We are a law firm. We can help you build your New South Wales Medical POA.
Adj Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
Australia wide law firm
Mobile: 0477 796 959
National: 1800 141 612
Reception: 08 6389 0100
Email: [email protected]