Form · Elder Law & Powers of Attorney / Guardianship
Appointment of enduring guardian (NSW, Form 1 under the Guardianship Regulation 2026): execution guide
Guide to appointing an enduring guardian in NSW: who can be appointed, functions and directions, eligible witnesses (as prescribed from 1 September 2026), the witness certificate, acceptance, revocation, and when the appointment operates.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- New South Wales
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Link to the official form. Licence: Official NSW Government guidance (nsw.gov.au content is CC BY 4.0); the prescribed form itself is linked, not reproduced: use the current prescribed version.
Where this comes from
The official form is published by nsw.gov.au; this page is a completion guide. Last checked on 2026-10-17.
When to use it
Use when a NSW adult wants someone to make lifestyle, health and medical decisions if they lose capacity. Use with an enduring power of attorney (financial decisions) and an advance care directive. Use the local scheme outside NSW.
How AI may be used
AI must not alter the prescribed form. It may help explain the functions and directions to the client in plain language and build a checklist of choices to confirm, for the lawyer to check.
AI may
- Draft a plain-language explanation of each function and of how directions work
- List decisions still to confirm (functions to give or exclude, directions, joint or several appointment, substitute)
AI must not
- Must not change the prescribed form or its wording
- Must not draft health or end-of-life directions in place of the appointor's own words
- Must not assess capacity
The lawyer checks
- Form 1 under the Guardianship Regulation 2026 (or the form currently prescribed) is used
- Eligibility of each appointee (s 6B) and of each witness (s 5 and the Regulation)
- Witness certificates and appointee acceptance complete
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: Official NSW Government guidance (nsw.gov.au content is CC BY 4.0); the prescribed form itself is linked, not reproduced: use the current prescribed version..
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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