Enduring guardian in NSW: how to appoint one

Appointing an enduring guardian means someone you trust can make important personal decisions for you if you lose the capacity to make them. This guide covers how it works in New South Wales.

What an enduring guardian can decide

You choose which areas, called functions, your guardian can decide about. They can include where you live, the services you receive at home, and the medical and dental treatment you receive. An enduring guardian can't make decisions about your money, who you vote for, or marriage. For financial decisions you appoint an attorney under an enduring power of attorney, who can be the same person.

Who can you appoint?

Choose someone you trust who is over 18 and willing to take on the role, such as your spouse, a family member or a friend. You can't appoint the Public Guardian. You can appoint more than one enduring guardian, and an alternative guardian who can step in if your guardian can't act.

The form and the witness

You complete an Appointment of Enduring Guardian form. You can get it from a post office or your local NSW court registry, or download it from the NSW Public Guardian's website. NSW Trustee and Guardian or a solicitor may use their own version.

An eligible witness must witness the appointment. This includes an Australian legal practitioner, a Registrar of the Local Court, and approved employees of NSW Trustee and Guardian or the Office of the Public Guardian. The witness explains the effect of the appointment, certifies that you appear to understand it, and watches each person sign. Your guardian then accepts the appointment by signing the form, with their signature witnessed.

When it applies

Your enduring guardian only makes decisions if you lose the capacity to make them yourself. If you regain capacity, the decisions are yours again. While you have capacity, you can revoke the appointment using the revocation form, also with an eligible witness.

Your wishes, written down

An enduring guardian works best when they know what you want. You can also make an advance care directive to record your treatment wishes. NSW Trustee and Guardian can help on 1300 364 103.

Keep the original somewhere safe and easy to find, give copies to the people who may need them, and write down where it is kept. Our guide to storing important documents has more on this. Review it from time to time, especially if your health changes.

Sources

• Local Court of NSW: Power of attorney and enduring guardianship (checked November 2026)
• Legal Aid NSW: Appointing an enduring guardian (checked November 2026)
• NSW Health: Making your wishes known (checked November 2026)

This guide is general information only, not legal or financial advice.