From 1 July 2025, older people will have stronger protections under a new rights-based Aged Care Act.
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Our national team of advocates is available Monday to Friday 8am–8pm and Saturday 10am-4pm 

Current and planned substitute decision-makers toolkit

    Informal aged care supporters

    Registered supporters with My Aged Care

    Current and planned substitute decision-makers

    Aged care restrictive practice substitute decision-makers

    Other supporters

    Current and planned substitute decision-makers

    In some cases, a legal process may determine that you are unable make certain types of decisions for a period of time. This is often called to as no longer having ‘decision-making capacity’. In these cases, a substitute decision-maker maker may be ‘activated’ according to your state or territory legislation (often known as enduring guardians or attorneys).

    You can plan ahead for who you would want to be your substitute decision-makers, should you need it. This is known as a ‘private appointment’ of a substitute decision maker (common terms for these are enduring guardians for lifestyle and medical decisions, and enduring attorneys for financial matters). To do so, you could contact a lawyer specialised in advance planning. If you don’t have a lawyer you can contact a seniors legal service, or your state or territory law society and ask for a lawyer specialising in elder law.

    In some cases, where no substitute decision-makers are identified by you in advance plans, or they are no longer able to perform those duties, a state or territory tribunal may appoint a public substitute decision-maker (commonly referred to a Public Guardian or Public Administrator) to make certain decisions for you.

    You can read more about substitute decision-makers in this Toolkit in the ‘Choosing your supporters’ section.

    Important links

    You can read more about substitute decision-maker requirements in your state or territory on the:

    Add Current and Planned Substitute Decision-makers