Guardianship Act 1987

An instrument of appointment of an enduring guardian (the original enduring guardian) may appoint another person to be a substitute enduring guardian of the appointor.

The instrument of appointment does not operate to appoint a person as a substitute enduring guardian unless it is endorsed with the person’s acceptance of the appointment.

A substitute enduring guardian has (and may exercise) the functions of an original enduring guardian only—

if the original enduring guardian dies, or

if the original enduring guardian resigns, or

during any incapacity of the original enduring guardian.

If 2 or more original enduring guardians are appointed by the instrument of appointment, the substitute enduring guardian—

is taken to have been appointed as a substitute enduring guardian for each of the original enduring guardians unless the instrument of appointment provides otherwise, and

if the original enduring guardians were appointed jointly and all of them have died, resigned or become incapacitated—section 6D operates in relation to that substitute enduring guardian as if he or she had been appointed as an original enduring guardian by the instrument of appointment and was the only remaining original enduring guardian.

A reference in a provision of this Act (other than this section) to an enduring guardian is to be read as a reference to the substitute enduring guardian while that person has, and may exercise, the functions of an original enduring guardian.