24/09/2026
When did you last review your Enduring Guardian Appointment?
Many people take comfort in knowing they have an Enduring Guardianship appointment in place, but few realise that recent changes to NSW Law may affect how those documents operate.
One important area relates to decisions about the use of restraint. The law now requires specific authority to be included in an Enduring Guardianship appointment if you wish your appointed Guardian to have the power to consent to certain restrictive practices in appropriate circumstances. The term “restraint” sounds ominous but it usually relates to practices that are required in aged care facilities and similar institutions where residents might need to be confined to a dementia ward or where certain medications are prescribed for the protection of the resident and others.
If your Enduring Guardianship appointment was prepared some years ago, it may not contain the wording that is required under the present legislation. This could cause difficulties if your Guardian ever needs to make important decisions on your behalf which involve these restrictive practices.
The good news is that reviewing and updating your documents is usually a straightforward process. While you’re at it, it is an excellent opportunity to check whether the people you have appointed are still the right choices and whether your wishes and preferences may have changed.
Estate Planning is not a “set and forget” exercise. We recommend reviewing your documents every few years or whenever there is a significant change in your circumstances or in the law.
If it has been a while since you reviewed your Enduring Guardianship document, please contact our office. We are happy to discuss whether your documents remain appropriate and up to date.
A quick review today can help ensure that the people you trust have the authority they need if they are ever called upon to act for you.
