An Enduring Guardian is someone you legally appoint to make certain health, lifestyle and personal decisions for you if you lose the capacity to make those decisions yourself.

Depending on the functions you give them, your Enduring Guardian may make decisions about where you live, the healthcare and personal services you receive, and medical or dental treatment. You can also give your Enduring Guardian directions about how you would like decisions to be made.

However, not every Appointment of Enduring Guardian gives the same authority. This has become particularly important following changes to Commonwealth aged care laws concerning restrictive practices. If you later require residential aged care and cannot provide consent yourself, your Enduring Guardian may only be able to consent to restrictive practices if they have the appropriate authority.

For this reason, it is important to understand what an Enduring Guardian can do and to periodically review your appointment to make sure it continues to reflect your wishes and circumstances.

What is an Enduring Guardian in NSW?

An Enduring Guardian is a person you appoint to make personal, health and lifestyle decisions on your behalf if you lose the capacity to make those decisions yourself.

Unlike an Enduring Power of Attorney, which generally deals with financial and legal matters, an Enduring Guardian is concerned with decisions about your personal life and wellbeing. You decide which functions your Enduring Guardian will have when the appointment is prepared.

Appointing an Enduring Guardian allows you to choose who you trust to make these decisions rather than leaving important decisions until a time when you may no longer be able to express your wishes.

When does an Enduring Guardian start making decisions?

Signing an Appointment of Enduring Guardian does not mean you immediately give up control over your personal decisions. The appointment operates when you are unable to make the relevant personal or lifestyle decisions for yourself. This might occur because of dementia, an acquired brain injury, serious illness or another condition affecting your decision-making capacity. If there is uncertainty about your capacity, medical evidence may be obtained to determine whether your Enduring Guardian should begin exercising their functions.

What decisions can an Enduring Guardian make?

Your Enduring Guardian can only make decisions in the areas or functions given to them under your Appointment of Enduring Guardian.

Depending on the terms of your appointment, these may include decisions about:

• Accommodation: where you live, including decisions concerning residential aged care.
• Healthcare: the healthcare you receive if you are unable to make those decisions yourself, for example because of a serious illness, injury, dementia or another condition affecting your decision-making capacity.
• Medical and dental treatment: consenting to medical or dental treatment on your behalf where authorised.
• Personal services: services that support your daily needs and quality of life such as home nursing, cleaning assistance or meal delivery.

You can also include directions about how you would like your Enduring Guardian to exercise their functions. These directions could address your religious or personal beliefs, your preferences about medical treatment, or your wishes regarding end-of-life care.

This is why the wording of your appointment is important. Simply appointing someone as your Enduring Guardian does not necessarily give them authority to make every personal or healthcare decision that might arise.

Can an Enduring Guardian consent to restrictive practices?

A restrictive practice is a practice or intervention that restricts a person’s rights or freedom of movement. In aged care, restrictive practices may be considered where there is a risk of harm to the person or others. They should only be used as a last resort and are subject to strict requirements designed to protect the person’s rights, dignity and safety.

There are 5 types of restrictive practices including:

1. Chemical restraint
2. Environmental restraint
3. Mechanical restraint
4. Physical restraint
5. Seclusion

In an aged care setting, examples might include restricting a person’s access to certain areas, using a bed rail or belt to restrict movement, or in some circumstances, using medication to influence a person’s behaviour rather than to treat a diagnosed medical condition. A guardian may provide consent to the use of restrictive practices; however, service providers may need to obtain other approvals before the use of a restrictive practice is carried out. For example, in an aged care setting, service providers are required to have regard to their clinical governance framework and NDIS service providers may need approval from the Restrictive Practice Authorisation Panel after obtaining a guardian’s consent.

An Enduring Guardian may be able to consent to the use of restrictive practices, but this authority should not be assumed simply because someone has been appointed as your Enduring Guardian.

In NSW, an Enduring Guardian can be given additional functions beyond the standard functions relating to accommodation, healthcare, personal services and medical or dental treatment. This can include a specific function concerning restrictive practices.

What changed for restrictive practices from 1 November 2025?

Changes to Commonwealth aged care laws commenced on 1 November 2025 under the Aged Care Act 2024 and Aged Care Rules 2025. 

Under the current aged care framework, providers must obtain informed consent before using a restrictive practice. Where the person receiving aged care does not have the capacity to provide that consent, consent must generally be obtained from an appropriately authorised restrictive practices substitute decision-maker.

For a person in NSW, an Enduring Guardian may fulfil this role where consenting to the particular restrictive practice falls within the terms of their appointment. It is therefore important to check whether an existing Appointment of Enduring Guardian provides the authority required to consent to restrictive practices.

If a person has already lost decision-making capacity and their Enduring Guardian does not have the required authority, an application to the NSW Civil and Administrative Tribunal (NCAT) may be necessary to review the existing appointment and add a restrictive practices function, or to obtain appropriate guardianship authority. This can add time, cost and stress, particularly where care decisions need to be made urgently.

Why should you review an existing Enduring Guardian?

If your Appointment of Enduring Guardian was prepared some time ago, it may be worthwhile having the document reviewed.

This is particularly relevant if you:

• are planning for the possibility of residential aged care in the future;
• have a family member already receiving aged care;
• have an Enduring Guardian document that does not specifically address restrictive practices; or
• simply want to make sure your Enduring Guardian has appropriate authority if more complex health, care or lifestyle decisions arise.

It is also important to understand that a guardian’s consent does not, by itself, make the use of a restrictive practice appropriate. Aged care providers have separate legal obligations governing the use of restrictive practices. Among other requirements, restrictive practices should only be used as a last resort to prevent harm, in the least restrictive form and for the shortest period necessary. Providers must also consider alternative strategies and comply with applicable behaviour support planning requirements.

Who should I choose as my Enduring Guardian?

Choosing your Enduring Guardian is an important decision. The person must be at least 18 years old and should be someone you trust to make decisions with your interests, preferences and wishes in mind.

When deciding who to appoint, consider whether the person:

• understands your values and wishes;
• can make difficult decisions under pressure;
• will communicate effectively with doctors, hospitals and aged care providers;
• can advocate for your wishes if family members disagree; and
• is willing and able to take on the responsibility.

It is worth discussing the appointment with the person beforehand so they understand the role and are comfortable accepting it.

Can I appoint more than one Enduring Guardian?

Yes, you can appoint multiple guardians with different decision-making structures:
➡️ Jointly – Guardians must agree on decisions together.
➡️ Severally – Each guardian can act independently.
➡️ Jointly and Severally – Guardians can make decisions together or individually.

There can be advantages and disadvantages to appointing multiple guardians. Requiring two people to act together can provide additional oversight, but it may also create practical difficulties if they disagree or one person becomes unavailable. It is therefore important to consider how the appointment will operate in practice rather than simply choosing multiple people as an added safeguard.

Before appointing your guardians, it is also useful to discuss your expectations with them so they understand the role and are comfortable acting if required.

What can’t an Enduring Guardian do?

An Enduring Guardian does not have unlimited authority. Their powers are limited to the functions included in their appointment, and there are some decisions they cannot make on your behalf. Importantly, an Enduring Guardian does not manage your money or financial affairs. This is generally the role of an attorney appointed under an Enduring Power of Attorney. Also, an Enduring Guardian cannot make or change your Will on your behalf.

Enduring Guardian vs Enduring Power of Attorney

An Enduring Guardian and an Enduring Power of Attorney perform different roles, and many people choose to have both as part of their estate planning.

Enduring Power of Attorney

• Makes financial and legal decisions
• Can manage banking and financial affairs
• Can manage property and financial assets
• Can pay bills and manage expenses
• Does not provide guardianship authority

Can I change or revoke my Enduring Guardian?

Yes. While you have the required decision-making capacity, you can revoke an existing Appointment of Enduring Guardian and make a new appointment.

There are many reasons you might want to review your Enduring Guardian, including:

• changes to your family or relationships;
• the death, illness or incapacity of the person you appointed;
• your guardian moving away or no longer being willing to act;
• changes to your health or living arrangements;

Seeking legal advice is highly recommended before making any adjustments. If you have already lost the capacity required to change the appointment yourself, an application to NCAT may be necessary.

How often should you review your Enduring Guardian?

Your estate planning documents should be reviewed when your circumstances change. It can be useful to review your Enduring Guardian at the same time as your Will and Enduring Power of Attorney so that all three documents continue to work together.

Given the changes to Commonwealth aged care laws from 1 November 2025, people with existing Enduring Guardian appointments may also wish to check whether their document appropriately addresses restrictive practices.

Already have an Enduring Guardian?

If your Appointment of Enduring Guardian was prepared some time ago, particularly before the aged care changes commencing on 1 November 2025, it may be worth checking whether the document still reflects your wishes and gives your guardian the functions they may need.

At Orman Solicitors, we can assist you to prepare or review your Appointment of Enduring Guardian alongside your Will and Enduring Power of Attorney so that your estate planning documents work together and reflect your current circumstances.

If you would like to discuss preparing or reviewing your estate planning documents, contact our team.

Read next: Why you need to have a binding death benefit nomination

Originally published: April 2025

Reviewed and updated: September 2026