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Guardianship Regulation 2010 – Key changes to Guardianship matters

The new Guardianship Regulation came into effect on 1 September 2010.

The key changes to the regulation include:-

  • New forms for appointing, revoking or resigning an appointment of enduring guardian.
  • A new provision extending the class of persons eligible to witness an appointment of enduring guardian. Whereas under the previous regulation only a NSW barrister a NSW solicitor a Registrar of a Local Court or an interstate legal practitioner could witness an appointment of enduring guardian, now the class has been extended to allow an overseas?registered foreign lawyer or an approved employee of NSW Trustee and Guardian or the Office of the Public Guardian the power to witness an appointment of enduring guardian.
  • Instruments of other jurisdictions that appoint enduring guardians are now specifically recognised as incorporated in the definition of “Interstate enduring guardian.”

The classes of medical treatment which are declared to be special treatment for the purposes of Part 5 of the Guardianship Act 1987 have been amended to include the following as “special treatment”:-

  • any treatment that is carried out for the purpose of terminating pregnancy,
  • any treatment in the nature of a vasectomy or tubal occlusion,
  • any treatment that involves the use of an aversive stimulus, whether mechanical, chemical, physical or otherwise.

It is important to note that the saving provisions in the Regulation mean any document executed in accordance with the former regulation continues to be valid under this new Regulation. However, all appointment of enduring guardian documents executed after 1 September 2010 must comply with the new Regulation.

Changes such as these really highlight the need to have your documents drafted by a Solicitor, do it yourself kits could very well over look such changes and invalidate your document.

Please click on the link below for a copy of the new Regulation:

For any enquiries regarding Attwood Marshall’s Will and Estate Administration Department, please contact the Department Manager, Donna Tolley on 07 5506 8241 or Freecall 1800 621 071 or email

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Donna Tolley

Donna Tolley

  • Wills & Estates Department Manager
  • Wills and Estates
  • Direct line: 07 5506 8241
  • Mobile: 0423 772 555