The Fact Sheet for the public, Who can make decisions on the use of restrictive practices in residential aged care in Victoria? explains the hierarchy and the process to be followed for nominations or appointments.
The Order of Restrictive Practice Substitute Decision Makers is a visual summary of the hierarchy for the public.
The Fact Sheet for the Legal Community provides a more detailed guide on the provisions of the SDM Act to assist the legal sector.
“Many people believe that because you are a resident’s next of kin, or spouse, or EPOA, that you can make decisions regarding their aged care practices” warns ACJ Chair and Dentons Partner, Sue Williamson.
“The reality is that substitute decision making is a complicated area of law and different roles have different responsibilities.
Decision-making capacity can also fluctuate, and the law requires residents to be supported to make their own decisions when they are able to.
Our Fact Sheets aim to increase community understanding and safeguard older Australians’ rights”, says Williamson.
If you would like more information, an interview, or to collaborate with Aged Care Justice on this important issue, please contact Katrina Ryan at katrinaryan@agedcarejustice.org.au or Anna Willis at annawillis@agedcarejustice.org.au.
About Aged Care Justice:
Aged Care Justice Inc. (ACJ) is a registered charity supporting Australians living in residential aged care or receiving home care, by providing access to legal services, educational material on aged care rights, and lobbying for sector reform.
ACJ was formed in 2020 by senior legal and clinical professionals to ensure all Australians receive quality aged care services and are treated with dignity and respect.
When a person contacts ACJ, we listen to their issue and connect them with a lawyer with experience in aged care issues who will provide a free legal consultation anywhere in Australia.
Our panel of firms have agreed to identify the most efficient and economical way to proceed after the initial consultation, which may include pro bono assistance.