---
title: "Appointment of enduring guardian (NSW, Form 1 under the Guardianship Regulation 2026): execution guide"
url: "https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/appointment-of-enduring-guardian"
type: "precedent"
site: "AI Law Framework"
id: "a18-appointment-of-enduring-guardian"
area_id: "A18"
kind: "form"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/appointment-of-enduring-guardian  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the official form at nsw.gov.au and the 5 authorities it cites, for New South Wales.

## 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

## Authorities

- [Guardianship Act 1987 (NSW) ss 5, 6, 6A, 6B (definitions including eligible witness; appointment; when it has effect; eligibility)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1987-257)
- [Guardianship Act 1987 (NSW) ss 6C, 6D, 6E (method of appointment; multiple guardians; functions)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1987-257)
- [Guardianship Act 1987 (NSW) ss 6H, 6HA, 6J (revocation; automatic revocation by marriage; Tribunal review)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1987-257)
- [Guardianship Regulation 2026 (NSW) cll 4, 5 (prescribed eligible witnesses; Form 1 is the prescribed appointment form), commenced 1 September 2026](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2026-0437)
- [Electronic Transactions Act 2000 (NSW) s 14F (enduring guardianship appointments may be witnessed by audio visual link)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2000-008)

## Official form

[Official form](https://www.nsw.gov.au/family-and-relationships/planning-for-end-of-life/choose-enduring-guardian)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/appointment-of-enduring-guardian and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*