Jane is in a relationship with Tony, although they are not married. She has three children from a previous relationship and one of them is a Registered Nurse. Jane has recently been diagnosed with breast cancer and will soon commence chemotherapy. Jane wants Tony to be the person to make medical decisions on her behalf if there are any complications. She is worried that because they are not legally married, her doctors will not consider Tony as her “next of kin”.
Jane also wants to ensure that if Tony cannot make a decision, for whatever reason, that her child who is a registered nurse has the authority to make decisions on her behalf. Jane has heard that in some cases that the Guardianship Tribunal may need to be involved to appoint someone to make these types of decisions. She wants to avoid this and also wants to ensure that her wishes will be respected.
Jane discusses her concerns with her solicitor, who advises her that the proper way to address these issues is by executing an Appointment of an Enduring Guardian. This document allows Jane to legally appoint a Guardian to make medical and lifestyle decisions on her behalf (including where she should live) in the event that she can’t make the decisions herself.
It is also important to Jane, that her wishes regarding not being unnecessarily maintained on “life-support” are recorded. Her solicitor advises her that this is a common wish, and that a suitable clause can easily be inserted into the Appointment of an Enduring Guardian. She is also advised of the importance of recording an alternative Guardian and she is pleased to be able to appoint her child who is a nurse as a “backup”.
Jane also tells her solicitor that she has heard of documents such as “living wills” and Advance Healthcare Directives. She is advised that the Appointment of an Enduring Guardian is the legal way to record these types of wishes. For the difference between an Appointment of an Enduring Guardian and a Power of Attorney, see last week’s column.
