( Karen Price, Enduring Guardianship.10.2MB)

If you are so ill that you cannot speak for yourself, the person who makes choices for you about medical treatment is called a "Substitute Decision Maker"

Under the law in New South Wales your substitute decision maker is a specific person called the "Person Responsible". There are a set of rules that define who the person responsible is, and it is not simply the next of kin.

If you want to choose your substitute decision maker, then you should appoint an Enduring Guardian. You can click on this link to download the paperwork to appoint an Enduring Guardian. These forms will need to be signed in the presence of a lawyer or can be witnessed free at your local courthouse.

If you could not speak for yourself your "Person Responsible" would be:

•  Your Enduring Guardian

(if none appointed)

The most recent spouse or defacto who has an ongoing relationship with you.

(if none then)

• Your primary unpaid carer.

(if none then)

• A relative or friend who has a close personal relationship with you.

(if none appropriate)

•  the NSW Guardianship Tribunal might appoint a person as your Guardian or if there was no appropriate person the tribunal might appoint the New South Wales Public Guardian.  (a government department)

In cases of conflict or absence of an appropriate person the NSW Guardianship Tribunal can assist.          Freecall: 1800 463 928.

It is possible to have more than one Enduring Guardian, but you must specify how they will work together.

Click here to open the form for an Enduring Guardian in NSW.

Your person responsible will make decisions about your health and medical care, but they are not empowered to manage your finances. If you have property of any type you should consider appointing an Enduring Power of Attorney to manage your finances,  if you are unable to do so yourself.

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