Difference Between Enduring Guardian and an Advance Health Care Directive in NSW
The difference between an Enduring Guardian and an Advance Health Care Directive (often called an Advance Care Directive or Living Will) lies in their purpose, scope, and how they function in making decisions about a person’s health and welfare.
Enduring Guardian
Advance Health Care Directive
Key Differences
Decision-Maker
Control
Breadth of Decisions
Enduring Guardian
An Enduring Guardian is a person who makes decisions on your behalf.
With an Enduring Guardian, another person makes decisions based on your best interests and any instructions you’ve given them.
An Enduring Guardian can make decisions on a broader range of personal matters, not just health care.
Advanced Health Care Directive
An Advance Health Care Directive is a document that outlines your own choices regarding specific healthcare situations.
An Advance Health Care Directive directly records your choices, which healthcare providers must follow.
An Advance Health Care Directive focuses explicitly on medical treatment and healthcare decisions.
In summary
An Enduring Guardian is a person you appoint to make decisions for you if you're incapacitated. In contrast, an Advance Health Care Directive is a document that outlines your specific healthcare wishes.
An Enduring Guardian is an essential component of any estate plan. It avoids the need, delay and expense of Tribunal proceedings if you should lose capacity. An Advance Health Care Directive will assist your Enduring Guardian to make the right decisions for you in that circumstance.
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