07/10/2026
From 1 September 2026, changes in NSW allow you to specifically authorise your Enduring Guardian to make decisions about the use of restrictive practices if you lose the capacity to make those decisions yourself.
This can be particularly important when it comes to aged care.
Restrictive practices can include measures such as restricting a person’s movement or access to certain areas, a roll bar to prevent someone rolling out of bed, using restraints, keeping someone separate from others, or using medication to manage behaviour.
While the idea of these practices may understandably be confronting, there may be circumstances in aged care where a facility considers them necessary to protect the person receiving care or others around them.
The changes mean you can give the person you have chosen and trust as your Enduring Guardian the authority to consent to, or withhold consent to, restrictive practices on your behalf.
Importantly, giving your Enduring Guardian this authority doesn’t mean restrictive practices will automatically be used. It gives your guardian the ability to make that decision if the situation arises.
If your Enduring Guardianship documents were prepared before these changes, they may not contain this authority.
If you have an Enduring Guardian, particularly if you are planning for future aged care, it may be worth reviewing your documents to make sure they reflect your wishes.
Talk to Farrell Goode about whether your Enduring Guardianship arrangements need updating.
