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If a time came when you could no longer make decisions about your health or day-to-day life, who would you want to step in? These situations often arise without notice, so making arrangements early is one of the most effective ways to protect your wishes and reduce stress for those around you.
At Kells, we assist clients in formally appointing someone they trust to make medical and personal decisions on their behalf. This may include agreeing to treatment, choosing care options, or making lifestyle-related choices if you lose capacity. Putting this plan in place offers clarity, safeguards your wishes, and helps ease the burden on family members during what can be a difficult time.
How Can Our Estate Planning Lawyers in Shellharbour Help?
Life doesn’t always go according to plan. Putting an Enduring Guardianship or Advance Care Directive in place allows you to prepare for a time when you may not be able to make key decisions about your health or lifestyle. Taking this step early offers clarity and confidence—not only for you, but also for those closest to you.
At Kells, our estate planning team in Shellharbour works closely with you to understand your wishes and document them in a way that leaves no room for confusion. We focus on making the process straightforward, so your preferences are known, understood, and legally supported.
By acting now, you give yourself the ability to stay in control, even in unpredictable circumstances. You also reduce the emotional burden on family members who might otherwise be left to make difficult decisions without guidance.
Case study
Diane, a Registered Nurse, brought Susan, her elderly mother, to Kells for advice. Susan wanted to appoint Diane as her Enduring Guardian. Susan had informed her daughter “I do not want to be kept on a machine, or artificially alive if there is no chance of a quality life.” Diane knows that hospital doctors need lawful instruction and an Appointment of Enduring Guardianship appoints Diane to lawfully make decisions on her mother’s behalf if she is severely incapacitated and the need arises.
Get Professional Estate Planning Advice in Shellharbour
If you have any questions or are you looking for the right professional advice, get in touch with us today and let us be of assistance.
Frequently Asked Questions
An Appointment of Enduring Guardian allows you to legally nominate someone to make personal and health-related decisions on your behalf if you lose the capacity to do so yourself. This person is authorised to give consent for medical procedures, decide on treatment options, and make lifestyle-related choices when you’re no longer in a position to make those decisions independently.
A guardian can be authorised to make decisions about: Healthcare decisions Consent for medical and dental treatment Lifestyle decisions such as where you live and what personal services you receive (such as an in-home nurse). You may also include clear instructions relating to specific preferences, such as life-sustaining treatment or do-not-resuscitate requests. Your appointed guardian will consult with your medical team and act in line with what they believe you would have chosen.
Anyone aged 18 or older can make this appointment. It’s an important decision, often given to a trusted friend or family member who understands your values and can act with your best interests in mind. The choice should be considered carefully and made with professional advice. Our team at Kells has helped clients formalise Enduring Guardianship in a variety of situations, including: Where a spouse is incapable Where a couple is separated, but not divorced In same-sex relationships (especially where the relationship is not acknowledged by family) In long, enduring friendships where the trusted friend is the appropriate decision-maker, rather than the next of kin. To discuss your options, reach out to our estate planning team for a consultation.
An Advance Care Directive is a document that works alongside your Appointment of Enduring Guardian. It allows you to express your preferences for future medical care in the event that you lose the ability to communicate those wishes yourself. This document can outline your views on treatment options such as pain management, artificial life support, or specific medical interventions. It is usually prepared in consultation with your GP and a lawyer to make sure your instructions are clearly understood and legally recognised. Creating an Advance Care Directive gives you the chance to take control of your future health decisions and helps guide your loved ones and medical team during difficult times.
Area of Expertise
Blended Families and Mutual Will Agreements
Business Succession Planning
Complex Advice
Disputing Wills and Family Provision Claims
Enduring Guardian / Advanced Health Care Directives
Enduring Power of Attorney
Estate Planning Check-up and Safe Custody of Documents
Residential Aged Care
Self Managed Superannuation Funds
Testamentary Trust Wills
Wills
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