Least restrictive practices:

This submission is in response to the NSW Legislative Council, Standing Committee on Social Issues inquiry into substitute decision-making for people lacking capacity. The focus of the inquiry is on amendments to the NSW Trustee and Guardian Act 2009. The submission recommends amendments to this Act and related legislation governing the ordering and review of all guardianship and estate management orders. The submission argues for changes which enable:

• review processes are accessible for people with episodic health conditions, or conditions that may change over time, to regain control of their affairs;
• only those areas of a person’s life where substitute decision-making is required are transferred to a guardian for decision;
• substitute decision makers to provide support for the person under guardianship to manage their own affairs and be involved in decision making wherever possible;
• competent management of estates by private and public managers