The Guardianship Division is a branch within the NSW Civil and Administrative Tribunal (NCAT). It determines applications about adults who are incapable of making their own decisions and who may require a legally appointed substitute decision maker.
A guardianship order is a legal document that asks NCAT to appoint an individual as a guardian for a person with a decision-making disability when informal arrangements are not working or there is a legal problem.
A guardian is authorised to make personal and lifestyle decisions on behalf of the person under guardianship. These include decisions about where to live, what services to use and consenting to medical and dental treatment.
A financial manager has the authority to make decisions about financial affairs for someone who is incapable of making these decisions for themselves. Financial affairs refers to things such as operating bank accounts, paying bills, investing money, selling or buying property. It also includes legal affairs such as instructing a solicitor to act in legal proceedings.
An Enduring Guardian is someone you choose to make personal or lifestyle decisions on your behalf. They can act if you lose the capacity to make your own decisions at some time in the future. If you are concerned that an enduring guardian is not making decisions in the best interests of the person who has lost capacity, NCAT can review the enduring guardianship appointment.
Enduring Power of Attorney
An Enduring Power of Attorney is a legal document appointing a person of your choice to manage your financial and legal affairs in the event you lose capacity. If you are concerned that the attorney is not acting in the best interests of a person who has lost capacity NCAT has the authority to make a review. NCAT can vary or revoke an Enduring Power of Attorney. It can appoint a substitute attorney and it can declare the principal is not competent to manage their affairs.