The Guardianship Regulation 2026 (NSW) commenced on 1 September 2026, replacing the Guardianship Regulation 2016 (NSW). The new Regulation largely retains the existing framework but introduces several important changes relevant to estate planning, enduring guardian appointments and medical decision-making.
The changes are particularly relevant to people who are reviewing their future decision-making arrangements.
The most significant change is the introduction of a fifth standard function in the prescribed Appointment of Enduring Guardian form. This function allows an enduring guardian to consent to, or withhold consent to, the use of a restrictive practice.
Restrictive practices are interventions that restrict a person’s rights or freedom of movement. They may arise in aged care, supported accommodation and disability services, including services delivered under the National Disability Insurance Scheme (NDIS).
The new function is optional. Clients should understand the nature of the authority being granted and decide whether it reflects their wishes.
The new Regulation amends the classification of certain medical treatments for the purposes of the Guardianship Act 1987 (NSW).
Treatment involving a general anaesthetic is now expressly classified as major medical treatment. Conversely, HIV testing has been removed from the prescribed categories of major medical treatment.
These changes may affect the applicable consent requirements and should be considered when advising clients or healthcare providers about medical decision-making.
It is important to note that the commencement of the new Regulation does not automatically invalidate existing appointments. Under section 20 of the Guardianship Regulation 2026 (NSW), appointments that had effect under the former Regulation immediately before its repeal continue to have effect under the new Regulation.
Accordingly, an existing appointment does not need to be replaced merely because the new Regulation has commenced. However, clients may benefit from reviewing their appointments, particularly if they wish to confer authority concerning restrictive practices.
If you or someone you know has made an appointment of Enduring Guardianship pre September 2026 now is the time to review it and ensure it still meets your needs and expectations. Contact our team at Meehans today on 4627 3333.
This article was published on 21/10/26 and the information is valid as at the date of publishing. This article is general in nature and is not and should not be considered or relied on as legal advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
