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SEEKING REPRESENTATION IN NCAT GUARDIANSHIP?
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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Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your Estate matter and desired outcomes.
Rest assured, we’ll meticulously take care of all the legalities and processes involved in your Estate matter.
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:
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.
You may be required to make an application to the Guardianship Tribunal when:
For more information visit: https://www.ncat.nsw.gov.au/
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.
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.