Put simply, you have loose ends. If you lose capacity and you don’t have an enduring guardianship in place, the law states that medical and dental practitioners must obtain consent from a “person responsible” before commencing treatment on a patient that is incapable of giving consent. In order of priority, a ‘person responsible’ is either:

• your enduring guardian, if you have appointed one;
• your most recent spouse or de facto;
• an unpaid carer currently providing support to you ;or
• a relative or friend who has a close personal relationship with you.

If you don’t have an enduring guardian in place, and if you don’t have a partner, the above hierarchy may not accord with your wishes. Appointing a guardian will give you peace of mind that the person you trust the most will be consulted to carry out your wishes and act in accordance with your best interests if you are unable to do so. If you have not appointed a guardian, your loved ones may disagree as to what medical and lifestyle decisions are best for you. For example, some family members may be more concerned about their inheritance rather than spending money on a more comfortable lifestyle for you.

In addition, if you don’t have an enduring guardianship in place, a family member or another person interested in your wellbeing may need to make a costly Guardianship Application to the NCAT, the Tribunal in Sydney. This is often a time consuming, stressful and expensive exercise. NCAT may or may not appoint a person that you would have chosen to be your guardian.