How can NCAT help with Guardianship Applications?

The Guardianship division of the NSW Civil and Administrative Tribunal (NCAT) deals with the appointment of guardians and financial managers for adults who are incapable of making their own decisions due to disability that affects their own capacity. It is governed by the Guardianship Division ACT 1987 NSW. The Guardianship division's foundational principle is the protection of the rights and interests of those individuals who are unable to make decisions for themselves, while also doing what they can to respect their individual rights and self-determination as much as possible.

Below are examples of some of the types of Orders that NCAT can hand down:

Guardianship Orders: NCAT can with the best interests of the individual in question in mind choose to appoint a guardian for a person with a disability to make personal or lifestyle decisions on their behalf when they are unable to do so themselves or their ability to do so has been sufficiently diminished. This can include decisions about where they live, what health care they receive and other services.

Financial Management Orders: NCAT can appoint a financial manager to make financial and legal decisions on behalf of a person who is unable to manage their own financial affairs. It is important to note that this is different from a guardianship order, providing no ability to make personal or lifestyle decisions.

Review of Appointments: NCAT can review any existing guardianship and financial management orders upon request to ensure that the relevant order is deemed to be both appropriate and necessary for the best interests of the deceased.

Consent to Medical and Dental Treatment: NCAT can provide consent on behalf of individuals incapable of giving it themselves for necessary medical and dental treatment.

Review of an Enduring Guardianship: NCAT can review and make decisions regarding the appointment of an enduring guardian, who is someone appointed by an individual to make decisions on their behalf if they lose capacity in the future. If you wish to see more information on enduring guardianship you can read about it in these articles here.

Review of Powers of Attorney: NCAT can examine the choices of an attorney appointed under an enduring power of attorney to ensure they are acting in the best interests of the person who appointed them. If you wish to see more information on Powers of Attorney you can read about it in these articles here.

NCAT also has the ability to make urgent interim orders to address immediate needs while a full hearing is being arranged.

PW Lawyers can assist you with making applications to the Guardianship division.

Contact us for a free thirty-minute initial consultation regarding your matter with the Guardianship Division.

Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.

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