Guardianship Update

Published in Coffs Coast News of the Area 30 October 2026.

In 2022, Norman consults a solicitor in relation to his estate planning and makes a new will, enduring power of attorney and appointment of enduring guardian.

The appointment of enduring guardian appoints two of his children as his guardians, to act jointly and severally. This means that either one of them can act if need be.

Norman’s guardians have the power to decide what healthcare Norman receives, decide what personal services he receives, consent to medical treatment on his behalf and potentially decide where he lives, if he is unable to make these decisions for himself.

In September 2026, the prescribed form of appointment of enduring guardian was updated, to include a specific reference to restrictive practices, stating that a guardian is authorised to consent to, or withhold consent to, the use of a restrictive practice, being a practice or intervention that has the effect of restricting rights or freedom of movement.

These include chemical, physical, mechanical, and environmental restraints (such as locked doors), as well as seclusion.

The amendment aims to clarify what has become a “grey area” in the eyes of some aged care providers regarding whether a guardian has the authority to deal with the implementation of restrictive practices.

In recent years, in response to the uncertainty, some solicitors have included a reference to restrictive practices in the guardianship documentation, but many solicitors have not identified this issue and it is unlikely that guardianship documents, prepared more than a few years ago, will include a reference to restrictive practices.

Norman decides to update his appointment of enduring guardian documentation to specifically address restrictive practices, with a view to avoiding a dispute regarding his guardians’ authority in this regard, in the future.

If Norman had lost the capacity to execute an updated appointment of enduring guardian, and a dispute arose regarding the use of restrictive practices, his guardians, or any other “interested person” could make an application to the Guardianship Division of the New South Wales Civil and Administrative Tribunal for orders specifically granting them these powers.

If you have a request for a Hypothetical, call Manny Wood on (02) 66 487 487 or email [email protected].

This fictional column is not legal advice.