Guardianship Division of the NSW Civil & Administrative Tribunal (NCAT)
NCAT holds hearings for both Guardianship and Financial Management order applications to determine whether a person has capacity and to legally appoint a substitute-decision maker if a person is unable to make their own decisions.
Learn more about the Guardianship Division of NCAT
If you have a genuine concern for the well-being of another person, you can make separate applications to have a guardian or financial manager appointed on behalf of the person.
A guardianship or financial management order application is made to the Guardianship Division of NCAT, and should only be requested after exploring other decision-making support options, including supported decision-making.
Applications to NCAT include:
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guardianship orders to appoint a guardian
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financial management orders to appoint a financial manager
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consent for treatment by a doctor or dentist
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review an enduring power of attorney
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review an enduring guardianship appointment
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approval of a clinical trial so a person with a decision making disability can take part.
Definitions
- supported decision-making
Helping someone to understand and make their own decisions, so they remain in control of making decisions that are important to them.
- consent
Permission for something to happen or agreement to do something.
- financial management order
A legal decision made by a court or tribunal appointing a person or organisation to make legal and financial decisions on behalf of someone who is not able to make such decisions for themselves.
Visit the NCAT website to apply for a Guardianship or Financial Management order.
How does NCAT assess an application for guardianship or financial management?
NCAT assesses applications and undertakes legal hearings to decide:
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whether a person requires a guardian or financial manager
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who it should be
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the types of decisions the guardian or financial manager can make
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how long the guardian or financial manager is required for.
After the hearing, NCAT can:
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make a guardianship order to appoint a guardian to make healthcare, lifestyle or medical decisions
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make a financial management order to appoint a financial manager to make financial decisions
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provide one-off consent for medical or dental treatment
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review Enduring Power of Attorney and Enduring Guardianship appointments
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approve participation in clinical trials if required for medical treatment
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provide consent to special medical treatment (for example, treatment that intends to make a person permanently infertile).
Definitions
- consent
Permission for something to happen or agreement to do something.
- financial management order
A legal decision made by a court or tribunal appointing a person or organisation to make legal and financial decisions on behalf of someone who is not able to make such decisions for themselves.