Share your feedback on the draft Guardianship Regulation 2026.
Under the Guardianship Act 1987, a guardian can be appointed to make healthcare, lifestyle and medical decisions on behalf of another person when they are unable to make such decisions for themselves. A financial manager is a person that is appointed to make financial and legal decisions on behalf of another person.
The Guardianship Regulation supports the Act by including rules about matters such as witnesses and forms for enduring guardian appointments, and consent to medical and dental treatments. The Department of Communities and Justice invites submissions on its proposal to remake the Guardianship Regulation, with minor updates.
The Guardianship Regulation 2016 is the regulation that supports the Guardianship Act 1987.
The regulation includes matter such as the witnessing of enduring guardian appointments, categorisation of medical and dental treatments for the purpose of consent requirements in the Act, notices and other miscellaneous mechanisms, and forms for the appointment, resignation and revocation of enduring guardians.
The current Regulation is due to expire on 1 September 2026.
To make sure the guardianship and financial management systems can continue to work effectively for the community, the NSW Government proposes to remake the current Regulation – with minor amendments – as the new Guardianship Regulation 2026 (the proposed Regulation).
The proposed Regulation and supporting Regulatory Impact Statement (RIS) have been released for public consultation. The RIS provides an overview of the Regulation and the proposed changes to be made when it is remade, with a rationale for these changes.
Regulations in NSW automatically expire after 5 years under the Subordinate Legislation Act 1989. Before a new Regulation can be made, public consultation on the proposed Regulation and Regulatory Impact Statement (RIS) must take place.
Tell us what you think
Have your say by uploading a submission below until 11:59pm Wednesday 1 July 2026.
Your feedback will be considered to inform the final Guardianship Regulation 2026.
Related consultation
The NSW Government is also currently remaking the NSW Trustee and Guardian Regulation. You can consider the proposed new Regulation and its Regulatory Impact Statement on the remake of the NSW Trustee and Guardian Regulation consultation page.
