The Guardianship Division of the New South Wales Civil & Administrative Tribunal (NCAT) has the power to make 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:

  1. To appoint a guardian to make personal or lifestyle decisions on behalf of another person who is unable to make decisions for themselves.
  2. To appoint a financial manager to manage the finances of another person who is unable to manage their own affairs.
  3. To review any existing Power of Attorney or Appointment of Enduring Guardian.
  4. 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.

Frequently Asked Question

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 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 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 are not acting appropriately and there is a need to review or potentially revoke their authority.

For more information visit: https://ncat.nsw.gov.au/ncat/case-types/guardianship/guardianship-orders.html

Download your FREE Estate Planning Guide!

Download Guide - Estate Planning
Download Guide