Attwood Marshall Lawyers Senior Associate and Accredited Aged Care Professional Larisa Kapur sets out how the Registered Supporter regime under the new Aged Care Act differs from an Enduring Power of Attorney.
The Aged Care Act 2024 is bringing significant change to the aged care landscape, aiming to give older Australians more choice and control over their care decisions.
One important new feature of the wide-ranging legislation is the creation of the “Registered Supporter” role, a position specifically designed to promote supported decision-making in aged care.
Increasingly, we are receiving queries from the aged care professionals we work with about the difference between the new Registered Supporter role and the more familiar Enduring Power of Attorney (EPOA).
Understanding these differences is crucial for ensuring older people receive the proper support while maintaining their autonomy and dignity.
The philosophy behind supported decision-making
Supported decision-making is a concept that recognises the rights of adults, particularly those experiencing cognitive decline, to actively participate in decisions about their lives with the right support. Rather than making decisions for them, it focuses on providing the right support to help them understand their choices and express their preferences.
In aged care settings, this means moving away from the assumption that cognitive impairment automatically disqualifies someone from having a voice in their care. Instead, we ask: what support does this person need to meaningfully participate in decisions about where they live, what care they receive, and how they want to spend their days?
What is a Registered Supporter?
A Registered Supporter is a new role created under the Aged Care Act 2024 to help older people make and communicate decisions about their aged care services and needs.
It replaces the existing regular and authorised representative relationships in My Aged Care, and axes any additional representative arrangements made under the Quality of Care Principles 2014.
A Registered Supporter can speak with My Aged Care, aged care assessors, providers and the Aged Care Quality and Safety Commission on behalf of the older person they support.
Importantly, Registered Supporters can request, access and receive information about the older person’s aged care arrangements. An older person can have multiple Registered Supporters, and having this support doesn’t prevent them from doing things they’re capable of doing themselves.
They help the older person understand their options, communicate their preferences, and navigate the aged care system while ensuring the person remains at the centre of all decisions about their care.
How Registered Supporters differ from Enduring Powers of Attorney (EPOA)
While both roles involve helping someone manage important life decisions, they operate in fundamentally different ways and serve different purposes.
Registered Supporters:
- Support decision-making rather than substitute their own judgment,
- Focus specifically on aged care matters and services,
- Replace the previous “Regular Representative” role in My Aged Care,
- Do not have decision-making authority for the older person, but instead help the older person understand options and communicate their own preferences.
Enduring Powers of Attorney:
- Hold broad legal authority over financial, personal and health decisions,
- Can make binding decisions on behalf of the person when activated,
- Operate under state or territory legislation with significant legal responsibilities,
- May cover all aspects of a person’s life, not just aged care,
- Step in when the person lacks the capacity to make decisions themselves.
The distinction is significant: a Registered Supporter empowers someone to make their own decisions with assistance, while an attorney under an EPOA can make decisions for someone when they’re unable to do so.
It’s entirely possible – and often practical – for the same person to serve as both a Registered Supporter and hold an EPOA. For example, if someone has been appointed as an attorney for personal matters under an EPOA, they might also register as a Registered Supporter to help with aged care-specific decisions.
However, it’s crucial to understand that when acting as a Registered Supporter, they must focus on supporting the older person’s own decision-making. When acting under an EPOA, they may need to make substitute decisions if the person lacks capacity. The roles require different approaches and mindsets, even when held by the same individual.
Essential considerations for Enduring Powers of Attorney
When aged care clients ask about Enduring Powers of Attorney (EPOAs), professionals need to understand the key concepts to provide accurate information.
An EPOA is a legal document that allows someone to appoint a trusted person to make decisions on their behalf when they’re unable to do so themselves. Those appointed as attorneys need to understand the significant commitment and responsibilities they’re accepting.
Clients often wrongly assume that family members can automatically step in to manage their affairs if they become incapacitated. However, without a valid EPOA in place, family members must apply to the Civil and Administrative Tribunal in their state or territory for legal authority. This process can be time-consuming and expensive during an already challenging period for families.
To create a valid EPOA, the person must be over 18 years old and possess the mental capacity to understand what they’re appointing someone to do on their behalf. If either requirement isn’t met, the document may be invalid when it’s most needed.
Clients should know they can appoint multiple attorneys who don’t necessarily need to be family members. Many people choose professionals such as lawyers or accountants who aren’t emotionally invested in family dynamics to manage their affairs.
Like Wills, EPOAs should be reviewed regularly so they remain current and in line with the person’s circumstances.
Both the person creating the EPOA and those accepting the role of attorney should seek proper legal advice.
Preparing for the transition
If your clients currently have a “regular representative” or “authorised representative” active in My Aged Care on 31 October 2025, these representatives will automatically become registered supporters on 1 November 2025. However, if either the client or their representative doesn’t want to transition to the registered supporter system, they can opt out by calling My Aged Care or through their online account.
If circumstances change, registered supporter relationships can be ended at any time, maintaining the older person’s control over who supports them.
As these changes take effect, aged care professionals and families should consider how the new registered supporter role might benefit the older people in their care.
The focus on supported decision-making doesn’t replace the need for EPOAs. Both serve important functions in protecting older people’s rights and interests.
For families and individuals planning ahead, this would be an ideal time to review existing legal arrangements and consider whether additional supports would be beneficial.
Attwood Marshall Lawyers – supporting people through every stage of life
With three Accredited Aged Care Professionals on our team, we help clients navigate complex aged care decisions and legal planning, and can advocate for them when they feel they do not have a voice.
Whether you’re navigating the new Registered Supporter system, reviewing an existing EPOA, or planning for future care needs, experienced legal guidance can help you make informed decisions that protect your rights and reflect your values.
To discuss your needs and book an appointment with our experts, please get in touch with our Aged Care and Wills and Estates Department Manager, Donna Tolley, on direct line 07 5506 8241, email dtolley@attwoodmarshall.com.au or free call 1800 621 071.
