The application for appointment of a guardian for EJ was dismissed under s 47 of the QCAT Act 2009 as misconceived, on the basis that EJ's existing attorney under an enduring power of attorney already had power to act as restrictive practices substitute decision-maker under the Aged Care Act 2024 (Cth). The Tribunal held that 'personal matter' under both the Guardianship and Administration Act 2000 (Qld) and the Powers of Attorney Act 1998 (Qld) must be read broadly to include giving or withholding informed consent for restrictive practices (environmental restraint and chemical restraint) as defined under the Aged Care Act 2024 (Cth) and Aged Care Rules 2025 (Cth), following and extending [name withheld] [2022] QCAT 283. Aged care providers in Queensland cannot require a guardian appointment solely because restrictive practices are in use where a valid enduring power of attorney for personal matters is already in place and the attorney is available and willing to act.
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