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What decisions can my Enduring Guardian make?

The law sets out the functions that your guardian can legally perform including:

  • deciding where you live, whether that’s at home with nursing care, relocating to live with the guardian or some other family member, or deciding that you need to be moved into an aged care facility;
  • deciding what health care you receive, for example consenting to certain medications or prescriptions being given or changed;
  • deciding what personal services you receive (for example, physio, podiatry and haircuts);
  • consenting to medical and dental treatment on your behalf. That could include consenting to operations, saying no to operations or consenting to certain dental treatment being performed;
  • consenting to life support being turned off in circumstances where you are deemed to be permanently unconscious or in a persistent vegetative state.

If you prepare an enduring guardianship, you have the power to give your guardian as many or as few functions as you choose. This is totally your decision. If you don’t have an enduring guardianship, you will be at the mercy of NCAT and who knows why they will decide to be your guardian and what powers they will have.


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