Live Webinar: Enduring Guardianships and Their Limitations: Just How Far Can One Go?

An enduring guardianship (EG) is an important tool when it comes to managing the affairs of an older family member. It can be tempting to try and draft them to cover a range of foreseeable situations in an older person’s life including controlling who has access to, or a relationship with, the older person once they reside in an aged care facility. As people are living longer, the period of time in which they may require assistance to make decisions about their lifestyle, personal services and health and living in assisted care facilities is increasing. Despite these temptations, not everything can be covered! Some kinds of decisions just can’t be made by an enduring guardian. It is more important than ever that elder law practitioners are aware of and understand the limitations of an EG. To help practitioners understand just how far an EG can go, this session shall:

• Examine closely what kinds of decisions can be made by an EG, (and how this differs between states
• Explore how an EG can (and can’t be used) within a family or romantic context (e.g. to restrict contact between family members and the older person, or control the love life of a family member in an aged care facility etc)
• Look at judicial commentary on the subject and share tips for navigating the grey areas in need of further judicial guidance
• Discuss practical approaches to overcome some of the issues arising from the limitations of EGs