Did you know that your guardian cannot make decisions that significantly limit your personal autonomy or freedom of movement, unless such power is expressly authorised in your Enduring Guardianship document.
What are “restrictive powers”?
Restrictive powers generally include decisions such as:
- Consenting to the use of physical or chemical restraints
- Authorising restrictions on your movement (for example, preventing you from leaving a residence or care facility)
- Consenting to intensive or invasive medical or personal care arrangements
- Making decisions that may override your objections in certain circumstances
Under NSW law, your guardian cannot make these types of decisions unless you have clearly given them that authority in your document.
Why are these powers important?
Without these powers:
- Your guardian may be unable to act effectively in situations involving advanced care needs (for example, dementia or cognitive impairment).
- Medical professionals or care providers may need to seek directions from bodies such as the NSW Civil and Administrative Tribunal, which can delay urgent decisions.
Including these powers can provide clarity and ensure that decisions are made promptly and in accordance with your wishes.
Matters to consider
Before granting restrictive powers, you should carefully consider:
- Who you appoint – this should be someone you trust to act in your best interests and respect your values
- Scope of authority – you may choose to limit when and how these powers can be exercised
- Safeguards – you can include conditions, such as requiring medical advice before certain decisions are made
- Your preferences – for example, your views on restraint, residential care, or end-of-life care
Our recommendation
We recommend that you:
- Consider whether you are comfortable granting these powers
- Discuss your wishes with your proposed guardian
- Provide clear written directions in your Enduring Guardianship document
If you need assistance in drafting an Enduring Guardianship document today contact our team of experienced solicitors today on 4627 3333.
This article was published on 02/06/26 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.
