South Australian Consolidated Acts South Australian Consolidated Acts25—Appointment of enduring guardian
(1) A person of or
over 18 years of age may, by instrument in writing, appoint a person as his or
her enduring guardian.
(2) An instrument is
not effective to appoint an enduring guardian unless—
(a) it
is in the form set out in the Schedule or in a form to similar effect; and
(b) it
has endorsed on it an acceptance in the form or to the effect of the
acceptance set out in the Schedule signed by the person appointed as the
enduring guardian; and
(c) it
is witnessed by an authorised witness who completes a certificate in the form
or to the effect of the certificate set out in the Schedule.
(3) A person is not
eligible to be appointed as an enduring guardian unless he or she is of or
over 18 years of age.
(4) A person is not
eligible to be appointed an enduring guardian if he or she is, in a
professional or administrative capacity, directly or indirectly responsible
for or involved in the medical care or treatment of the appointor and, if a
person who is validly appointed as an enduring guardian becomes so responsible
or involved, the appointment lapses.
(5) Subject to this
Act and the conditions, limitations or exclusions (if any) stated in the
instrument, an instrument appointing an enduring guardian authorises the
appointee or, if there is more than one appointee, the appointees jointly or
severally (as the case may be)—
(a) to
exercise the powers at law or in equity of a guardian if the person who makes
the appointment subsequently becomes mentally incapacitated; and
(b) in
that event, to consent or refuse consent to the medical or dental treatment of
the person, except where the person has a medical agent available and willing
to act in the matter.
(6) The powers
conferred by an instrument appointing an enduring guardian must, unless the
Board approves otherwise, be exercised in accordance with any lawful
directions contained in the instrument.