Enduring Power Of Guardianship

There are already many documents that allow another person to make decisions for

you when you are unable to do because of incapacity due to accidents or health problems that affects your capacity to decide like dementia, Alzheimers disease, stroke, or brain tumors. These documents are known to be power of attorneys. The power of attorney has many variations that deal with many decision-making needs for an individual like medical, financial and other needs. But none of any of these power of attorneys deals with the personal needs that the person cannot make decision for when they are mentally incapacitated too. Like they say; where are your parents when you need one?

An enduring power of guardianship is like a power of attorney but the decisions that the guardian makes are the personal and lifestyle needs of the person. Due to its very personal nature, it is very important that you chose someone who has personal knowledge of you and knows what your personal preferences are. The person you choose to be your personal guardian can be a close friend or a close relative. The guardian is expected to make decisions for your benefit while you are unable to make these decisions for you.

Other than the personal and lifestyle decisions like where you will live, the clothes you use and foods you eat, the chosen guardian can also make decisions for your treatment even without an enduring medical treatment power of attorney. Though the guardian will also be given time to apply to the court (in case someone challenges his/her decision). The court will make the final decision on this matter. Ultimately, the guardian will act as your parent to make decisions for you when you are mentally unable to do so. But you can also limit or broaden the authority of your guardian. If you are having confusion on what you need or must do to assign a guardian for yourself, you can ask help from your legal adviser or lawyer.

Before you can draft a document for an enduring power of guardianship, you must first be evaluated and proven to be in a good mental health to make decisions. Once the documents are finished and ready to be signed, the guardian-to-be must be present in the transfer of power. During signing of the documents, it must also be witnessed by two people (none of the witnesses should be relative of the granter of power) to make sure that the person who will sign is mentally capable.

If you wish to revoke the enduring power of guardianship, you can do this anytime provided that you are still mentally well to make the decision. The event should also be witnessed by the presence of necessary witnesses. The enduring power of guardianship will only end once you die, you cancel it (provided you are mentally well), or the court cancels the enduring power of attorney due to the irresponsibility of the guardian or the court thinks that the guardian is not making decisions for the benefit of the granter anymore.

by: Lam Seina

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