Expertise

Enduring Guardian / Advanced Health Care Directives

SYDNEY ESTATE PLANNING LAWYERS FOR ENDURING GUARDIAN & HEALTH CARE DIRECTIVES

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We take the stress out of estate planning, making the process seamless and straightforward. Backed by years of expertise, our team offers expert legal advice at every stage of the process.

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Whether you’re appointing an Enduring Guardian and establishing an Advanced Health Care Directives, Kells is your cornerstone. Let our expert estate planning lawyers assist you.

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With offices in Sydney and the Illawarra, we are conveniently located to provide easy access to our services for clients across NSW.

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We believe every client deserves a bespoke approach. That’s why we craft solutions based on your unique needs, helping you achieve your long-term goals.

Here To Help

What would happen if you were suddenly unable to make decisions about your health or lifestyle? Who would you trust to act in your best interests during such a time? These situations can arise unexpectedly, so having a plan in place is absolutely important.



Kells can guide you in appointing a trusted person to take responsibility for healthcare choices, provide consent for medical treatment, or make lifestyle decisions on your behalf. Taking this step protects your interests and gives peace of mind to you and your loved ones. It also ensures that your preferences will be respected.

Wills, Estate Planning & Trusts

Area of Expertise

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How Can Our Estate Planning Lawyers in Sydney Help?

Life is full of uncertainties. Putting an Enduring Guardianship or Advanced Health Care Directive in place allows you to plan for situations where you might be unable to make important decisions for yourself. This provides peace of mind and ensures your preferences are honoured.

At Kells, we understand how important it is to prepare for these possibilities. Our empathetic and experienced lawyers in Sydney take the time to understand your circumstances and priorities while making sure your wishes are clearly documented and respected.


This process empowers you to take control of your future. It also offers reassurance to your loved ones, knowing that your health and personal affairs will be handled according to your intentions.


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.

Frequently Asked Questions

  • What is an Appointment of Enduring Guardian?

    An Appointment of Enduring Guardian allows you to choose someone to act as your guardian if you lose the capacity to make decisions for yourself. This guardian is authorised to make healthcare decisions, provide consent for medical treatment, and make lifestyle choices on your behalf.

  • What can your guardian do?

    Your guardian can authorise:

    • 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 can provide specific directions to your guardian regarding your preferences for life support and do-not-resuscitate decisions. Your guardian will work closely with your medical team to make decisions that align with what they believe you would want.

  • Who needs to appoint an Enduring Guardian?

    Anyone over the age of 18 can appoint an enduring guardian. It is recommended to choose a trusted family member or friend for this important role. This decision should be made carefully and in consultation with your lawyer.


    Kells has advised clients in situations such as:

    • 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.

    Get in touch with our estate planning lawyers for professional advice and to set up a consultation.

  • What is an Advanced Health Care Directive?

    An Advanced Health Care Directive is a document that works alongside your Appointment of Enduring Guardian.


    It allows you to clearly state your preferences for medical treatment, particularly if you have specific wishes about your future health care. This document is especially useful for addressing situations where you may not be able to express your decisions yourself.


    An Advanced Health Care Directive is created with the guidance of your doctor and lawyer. It ensures your right to choose and determine your medical treatment and health care is respected, even if you lose the capacity to communicate your wishes.

Get Expert Estate Planning Advice in Sydney

Do you have any questions or are you looking for the right professional advice? Call us today and let our expert estate planning lawyers assist you.

Wills, Estate Planning & Trusts

Area of Expertise