Have you ever wondered who makes the really difficult decisions if a loved one in aged care can no longer decide for themselves?
Most people think an Enduring Power of Attorney (EPOA) is simply about paying bills or managing bank accounts. In reality, it can involve some of life’s toughest choices.
A recent Queensland Civil and Administrative Tribunal (QCAT) decision, EJ [2026] QCAT 175, confirmed that an attorney appointed under an EPOA can consent to certain restrictive practices for a person living in residential aged care where the law allows. Restrictive practices limit a person’s freedom and should only be used as a last resort to prevent harm. They are not there to make someone easier to manage.
Examples include chemical restraint, where medication is used mainly to manage behaviour rather than treat a medical condition, and physical restraint, such as staff holding a resident to prevent them injuring themselves or others.
The decision is an important reminder that choosing your attorney is about far more than paperwork. It should be someone you trust to make compassionate decisions, respect your wishes and always act in your best interests if the time ever comes.
If you already have an Enduring Power of Attorney, is the person you’ve chosen still the person you’d trust to make these kinds of decisions?
Trent Wakerley, director, Wakerley Legal, Level 3, Ocean Central, 2 Ocean Street, Maroochydore, 5443 9600, wakerleylegal.com.au.
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