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We provide expert legal assistance for matters involving the NCAT Guardianship Division. This division deals with applications related to the appointment of guardians and financial managers for individuals who are unable to make decisions for themselves due to disability. Our team offers knowledgeable guidance through the application process, representing and advising clients on the best ways to protect the rights and welfare of their loved ones.
Kaisha Gambell
Senior Associate
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The Guardianship Division of the New South Wales Civil & Administrative Tribunal (NCAT) has the power to determine applications for someone else to make decisions on behalf of an adult person with a disability or impaired mental capacity who is unable to make decisions for themselves.
The Guardianship Division consider a range of applications such as:
- To appoint a guardian to make personal or lifestyle decisions on behalf of another person who is unable to make decisions for themselves.
- To appoint a financial manager to manage the finances of another person who is unable to manage their own affairs.
- To review any existing Power of Attorney or Appointment of Enduring Guardian.
- To give consent for treatment by a doctor or dentist.
The role of the Guardianship Division is crucial where a person has not set up a Power of Attorney or Appointment of Enduring Guardian in their lifetime and subsequently no longer has the mental capacity to do so.
When would you need to go to the Guardianship Tribunal?
You may be required to make an application to the Guardianship Tribunal when:
- Your loved one has lost their mental capacity and did not voluntarily nominate anyone to be their Attorney under a Power of Attorney or Guardian under an Appointment of Enduring Guardian.
- You would like to be appointed as a Guardian and/or Financial Manager to support your loved one and make decisions on their behalf
- To gain the consent for medical or dental treatment to take place for someone who is unable to make that decision themselves.
- You believe that someone appointed under a Power of Attorney or Appointment of Enduring Guardian is not acting appropriately and there is a need to review or potentially revoke their authority.
For more information visit: https://www.ncat.nsw.gov.au/
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Introducing Kaisha
Your Compassionate Lawyer
Meet Kaisha, a Senior Associate at Coutts Lawyers & Conveyancers, and the head of our esteemed Wills & Estates Law team. With her wealth of experience, Kaisha’s blend of empathy and thoroughness not only helps her foster genuine connections with her clients but also cements her reputation as a top-tier authority in Wills & Estates law.
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NCAT Guardianship Division FAQ’s
To appoint a guardian through the Guardianship Division of NCAT, you need to file an application with the tribunal. The process involves providing evidence of the individual’s incapacity to make decisions independently and outlining the reasons for the appointment of a guardian. The tribunal will then review the application and make a determination.
A financial manager, appointed by the Guardianship Division of NCAT, is responsible for managing the financial affairs of an individual who is unable to do so themselves due to disability or impaired mental capacity. This includes handling their assets, paying bills, and making financial decisions in their best interests.
If someone believes that a person is not acting appropriately under an existing Power of Attorney or Appointment of Enduring Guardian, they can request a review or potentially seek revocation of the Appointments through the Guardianship Division of NCAT. This involves filing an application with the tribunal, providing evidence of misconduct or incapacity, and following the prescribed legal process.
When the Guardianship Division of NCAT grants consent for medical or dental treatment, the appointed guardian typically holds the authority to make decisions regarding the individual’s healthcare. The guardian’s decisions should align with the best interests and well-being of the person receiving treatment.
Yes, alternatives to seeking the assistance of the Guardianship Division of NCAT include having the individual execute a Power of Attorney or Appointment of Enduring Guardian while they still have the mental capacity to do so. These legal documents allow individuals to designate someone they trust to make decisions on their behalf if they become unable to do so in the future.
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