The NSW Council for Intellectual Disability suggests should be greater “[t]here consistency between the broad powers the Tribunal has when reviewing a power of attorney and the very narrow powers it currently has when reviewing an appointment of enduring guardian”. Question 2.3: Reviewing an enduring guardian appointment Are the powers of the NSW Civil and Administrative Tribunal to review an enduring guardian appointment sufficient? If not, what should change? Ending an enduring arrangement The Guardianship Act sets out when an enduring guardianship arrangement will end. There are two key processes: resignation and revocation. Resignation by the enduring guardian An enduring guardian (or substitute enduring guardian) can resign their appointment. Before the appointment takes effect, the enduring guardian can resign by giving written notice to the appointor. The enduring guardian and an eligible witness must sign this notice. After the appointment takes effect, the enduring guardian can only resign with the approval. Tribunal’s Revocation processes An enduring guardianship appointment can be revoked in one of three ways. First, an appointor can revoke an enduring appointment before it takes guardian’s effect. They do this by completing and signing a form. An eligible witness must witness their signature. Written notice must be given to the enduring guardian. Second, the Tribunal can revoke an appointment after conducting a review. This revokes the appointment document a The Tribunal can do this if the “as whole”. enduring guardian has requested it or if the Tribunal is satisfied that revocation is in the best interests. appointor’s Third, an appointment is revoked automatically if, after the appointment is made, the appointor marries or remarries someone other than the enduring guardian. This happens even if the appointor wants the enduring arrangement to continue. It is arguable that this automatic revocation procedure clashes with the purpose of enduring guardianship to the dignity to decide who will make – give “people personal decisions for Queensland provides an alternative approach that them”. NSW could consider. While marriage automatically revokes an enduring power of attorney appointment in Queensland, an appointor can state in their appointment document that they want the arrangement to continue if they marry. If so, the automatic revocation procedure will not apply. The QLRC believed this gives to the wishes. “maximum effect” appointor’s Question 2.4: Ending an enduring arrangement
The NSW Council for Intellectual Disability suggests “[t]here should be greater consistency between the broad powers the Tribunal has when reviewing a power of attorney and the very narrow powers it currently has when reviewing an appointment of enduring guardian”. Question 2.3: Reviewing an enduring guardian appointment Are the powers of the NSW Civil and Administrative Tribunal to review an enduring guardian appointment sufficient? If not, what should change? Ending an enduring arrangement The Guardianship Act sets out when an enduring guardianship arrangement will end. There are two key processes: resignation and revocation. Resignation by the enduring guardian An enduring guardian (or substitute enduring guardian) can resign their appointment. Before the appointment takes effect, the enduring guardian can resign by giving written notice to the appointor. The enduring guardian and an eligible witness must sign this notice. After the appointment takes effect, the enduring guardian can only resign with the Tribunal’s approval. Revocation processes An enduring guardianship appointment can be revoked in one of three ways. First, an appointor can revoke an enduring guardian’s appointment before it takes effect. They do this by completing and signing a form. An eligible witness must witness their signature. Written notice must be given to the enduring guardian. Second, the Tribunal can revoke an appointment after conducting a review. This revokes the appointment document “as a whole”. The Tribunal can do this if the enduring guardian has requested it or if the Tribunal is satisfied that revocation is in the appointor’s best interests. Third, an appointment is revoked automatically if, after the appointment is made, the appointor marries or remarries someone other than the enduring guardian. This happens even if the appointor wants the enduring arrangement to continue. It is arguable that this automatic revocation procedure clashes with the purpose of enduring guardianship – to give “people the dignity to decide who will make personal decisions for them”. Queensland provides an alternative approach that NSW could consider. While marriage automatically revokes an enduring power of attorney appointment in Queensland, an appointor can state in their appointment document that they want the arrangement to continue if they marry. If so, the automatic revocation procedure will not apply. The QLRC believed this gives “maximum effect” to the appointor’s wishes. Question 2.4: Ending an enduring arrangement
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