This section is about guardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More. It has information about:
The GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Division of the NSW Civil and Administrative Tribunal (NCAT) may appoint a guardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More if they are satisfied someone is totally or partially incapable of managing themselves because of a disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. This disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More may include:
The GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Division of NCAT will consider whether the person is restricted in one or more major life activities to the extent that he or she requires supervision or cannot function by themselves in the community without special services.
The decision to appoint a GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More is a significant decision and not made lightly. In making the decision, The Tribunal will consider:
The requirements for appointment as a ‘Private Guardian’ are set out in the Guardianship Act 1987 (NSW), and include:
Typically, family members and friends of a person who has a decision-making disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More are appointed Private Guardians, but in certain circumstances other persons may also be appointed.
The Public Guardian is a particular person who has overall responsibility for the Office of the Public GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More. Most of the functions of the Public Guardian are undertaken by staff of the Office of the Public GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More. Generally speaking, the Public Guardian is only appointed where there is no-one else capable or willing to act as your GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More, or if there is family conflict which would make it difficult for a Private Guardian to effectively make decisions for you.
The Guardianship Division of NCAT can appoint a single Private GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More, Joint Private Guardians and Alternative Private Guardians. Joint Guardians may have the same decision-making responsibilities (called ‘functions’) and both Guardians must agree before a decision is made for you. Alternatively, these decision-making functions may be separated by particular areas of life, with each Guardian having a particular responsibility in an area of life. For example, a Private Guardian might be appointed with responsibility for a ‘services function’ in an effort to obtain necessary services for you if this is proving difficult, while another Private Guardian may have responsibility for healthcare decision-making.
Alternative Guardians are appointed to make decisions for you when your Primary Guardian is unable to do so, for example, if they are away or ill. The Public Guardian cannot be appointed a Joint Guardian or an Alternative GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More.
The Guardianship Order made by the Guardianship Division of NCAT will spell out the Guardian’s authority (what decisions the Guardian can make on your behalf) (called ‘functions’) and the period of time the Guardian is appointed for.
For more information about hearings before the GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Division of NCAT click here.
A Guardian appointed under the Guardianship Act 1987 (NSW) may be appointed with ‘total’ decision-making responsibility for you (called Plenary GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More), or with specific decision-making responsibilities for you (called Limited GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More). The terms of a Guardianship Order must be the least restrictive necessary in the circumstances. Plenary Guardianship can rarely be justified as the least restrictive alternative, and such orders are rarely, if ever, made. Instead, the Guardianship Division usually appoints Guardians with specific, or ‘limited,’ powers or functions where there is a need for a decision or decisions to be made. This means that the guardian can make decisions in specific areas of a person’s life.
The most common functions are:
Once appointed, your GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More has responsibility for decision-making for you in the functions specified in the GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Order. These decisions are binding on you, even if you disagree with them. Your GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More does have to obtain your views about these decisions, and give them consideration, prior to making them.
Guardians don’t report to the GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More Division of NCAT. For example, the Guardianship Division doesn’t regularly supervise Guardians or review specific decisions that have been made by Guardians. The Guardianship Division can however give directions to a Guardian as to how they are to carry out their responsibilities in the Order appointing the GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More.
The Guardianship Division also periodically reviews Guardianship Orders, and can be asked to review a Continuing Guardianship Order or a Temporary Guardianship Order at any time if there is a good reason for doing so. This could be because you strongly disagree with the way your Guardian is acting.
Guardians are appointed for a set period of time. An initial Guardianship Order can usually only be made for up to one (1) year, although the GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Division of NCAT can make an initial Guardianship Order for up to three (3) years in special circumstances.
The Guardianship Division of NCAT must review the Initial Guardianship Order before it ends unless it decided that there is no need for a review when it made the order. In this case, the order will automatically finish at the end of the set period.
At the review hearing, the Guardianship Division of NCAT will decide whether or not to make the order for a further amount of time. If an initial Guardianship Order is renewed, the renewed Order may be for a period of up to three (3) years. However, in special circumstances, a Guardianship Order can be renewed for a period of up to five (5) years. All renewed Guardianship Orders are reviewed prior to their lapse and may be renewed for a period of up to three (3) years, or in special circumstances, for a period of up to five (5) years.
The Guardianship Division of NCAT may also make a Temporary Guardianship Order for a period of up to thirty (30) days. This Order can be extended by a maximum of another period of thirty (30) days. Only the Public Guardian can be appointed Guardian under a Temporary Guardianship Order. A Temporary Guardianship Order might be made in a crisis situation to, for example, to enable a person with disability to be immediately removed from a dangerous situation. There can then be further consideration as to whether Continuing Guardianship Order is necessary, and if so, what its terms should be, before the Temporary Guardianship Order lapses.
For more about reviews of GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Orders by the GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Tribunal, follow this link.
The Public Guardian is a public official whose role and functions are established under the under the Guardianship Act 1987 (NSW).
The Public Guardian is part of the NSW Department of Communities and Justice, and is different from the NSW Trustee and GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More. The NSW Trustee and Guardian makes financial decisions for a person under the NSW Trustee and Guardian Act (2009).
The Public GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More is appointed when there is no other suitable person willing or able to take on the role of your GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More. You can ask to have this appointment reviewed by the GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Division of NCAT; for more about this, follow this link. If you are unhappy about a decision made by the Public GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More, you can ask for the decision to be reviewed and if you are still not happy, you can ask the Administrative and Equal Opportunity Division of NCAT to review the decision.
For more about this review process, click here.
As well as making guardianship decisions, the Public Guardian provides information to the public about guardianship through a telephone enquiry line: 1800 451 510*.
The Public Guardian also operates a Private Guardian Support Unit. This is a free and confidential service that assists Private Guardians to understand and carry out their roles.
You can find out more about the Private Guardian Support Unit by following this link.
The Public Guardian says that it will try wherever possible to make the decision that you would have made for yourself, and where that isn’t possible, to make a decision that is in your best interests. To do this, staff from the Public Guardian will need to talk to you, service professionals, your family members and friends. To understand your needs, the Public Guardian can ask that you be assessed, or may ask for your health and medical reports. The Public Guardian may also advocate for better options for you.
*Please note, mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The contact details for the NSW Trustee & GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More are:
Telephone:1300 109 290
Locked Bag 5115 Parramatta NSW 2124
General Enquiry: www.tag.nsw.gov.au/contact-us
Public GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More: Head Office & Western Team
Street address: Justice Precinct Offices
160 Marsden Street PARRAMATTA NSW 2150
Postal address: Locked Bag 5116 PARRAMATTA NSW 2124
Phone: (02) 8688 2650
Fax: (02) 8688 9797
Freecall*: 1800 451 510
Public GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More: Southern Team
Street address: Level 5, 19 O’Connell St SYDNEY NSW 2000
Postal address: PO Box H304 AUSTRALIA SQUARE NSW 1215
Phone: (02) 9692 1533
Fax: (02) 9692 1531
Freecall*: 1800 451 428
Public GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More: Northern Team
Street address: Level 3, 4 Watt Street GOSFORD NSW 2250
Postal address: PO Box 487 GOSFORD NSW 2250
Phone: (02) 4320 4888
Fax: (02) 4320 4818
Freecall*: 1800 451 694
If you think you might lose capacity to make decisions for yourself in the future, you can appoint an Enduring Guardian to make decisions for you if and when this happens. An Enduring Guardian can make decisions on your behalf about everything except your financial matters. This includes the same functions of guardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More listed above (i.e. where you are to live, and healthcare and personal services you are to receive).
It is important that you trust the person you appoint as your Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More to make appropriate decisions for you. You should inform this person of your wishes about decisions and involve them in discussion about your views. If your views change, you should also let your Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More know.
If you have capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More, you can appoint someone as your Enduring Guardian by completing a form and having it witnessed by a lawyer, the registrar of a Local Court or approved public servant. The Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More must sign their acceptance for the appointment to be effective.
The appointment is ongoing and not time-limited. However, you can change your mind later and cancel (‘revoke’) the appointment of a person as your Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, if the law recognises you as having the legal capacity when you do this. If you marry after you appoint an Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, then the appointment will be automatically revoked.
Your Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More can resign at any time, by giving you notice in writing. If you have lost capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More to make decisions at that time, then your Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More can only resign with the approval of NCAT.
If you appoint more than one Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, you should indicate whether the Enduring Guardians will act jointly, severally, or jointly and severally. Enduring Guardians who are appointed jointly are only able to make decisions if they all agree about the decision. Enduring guardians who are appoint severally, or jointly and severally are able to make decisions independently of each other. You can also appoint an Alternate Enduring Guardian who will have responsibility to make decisions for you only if your primary Enduring Guardian dies, resigns or becomes incapacitated.
You should seek legal advice about the process of appointing an Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More. For more about getting legal advice, follow this link.
If you are going to appoint someone as your Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, it is a good idea to get a certificate from a doctor saying that you have the capacity to complete the form and to appoint an Enduring Guardian at the same time as you complete the form. You should keep this certificate with a copy of the form of appointment.
If you have not, or are unable to appoint an Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, a Guardian can be appointed for you by the Guardianship Division of the NCAT. If it decides that you need a GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More, the Guardianship Division may either appoint a Private Guardian for you or the Public GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More.
Enduring guardianship appointments are not automatically accessible on a public register. It is important that key people in your life are aware of the appointment so that they can contact the Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More if required. You should provide a copy of the Enduring GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More appointment to your Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, and keep a copy for yourself in a safe place. You should also let close friends or family know about it and give a copy to your lawyer, doctor and heath service providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More.
The Guardianship Division of NCAT does not supervise Enduring Guardians. However, the Guardianship Division of NCAT is responsible for dealing with disputes concerning Enduring Guardians and situations in which Enduring Guardians are no longer willing or able to fulfil this role. If anyone has concerns about the ability of an Enduring Guardian to perform their role, or about the actions or decisions of an Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, they can make an application to the Guardianship Division of NCAT for a review of the appointment.
The Guardianship Division of NCAT can revoke or confirm the appointment of the Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More. It can also make a declaration that the appointment of the Enduring Guardian is now effective (because the person who made the appointment is now considered, at law, to have lost legal capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More). It can also appoint an Alternative Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, or if it revokes the appointment of an Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, it can make a GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Order appointing a Private or the Public Guardian as GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More.
The Supreme Court of NSW also has the power to review the appointment of and Enduring Guardian and may make an orders in relation to the appointment it thinks are appropriate in relation to the appointment. This includes an Order revoking or confirming the appointment.
Follow this link for more information about enduring guardians or to download standard forms.
The Guardianship Division of NCAT automatically reviews Guardianship Orders before they lapse.
The Tribunal may also review the order at any time after receiving a request for a review from the person under guardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More, the GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More, or any other person who has a genuine concern for the welfare of the person under guardianship and they are able to show that there are good reasons for conducting the review. For example, one reason might be that you believe that the appointed Guardian is not acting in your best interests.
A review of a Guardianship Order will include consideration of whether the person continues to have a decision-making disability and whether there continues to be a need for a GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More. If the Tribunal considers there is a continuing need for a GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More, it will consider who they should be, what functions the Guardian should have, and how long a further Guardianship Order should last.
At a review, the Tribunal may decide to:
NCAT can also decide that it is in the person’s best interests for the order not to be reviewed. If this is the case NCAT will state in the order that it will not be reviewed. This usually applies when the order is required for specific decisions that, once made, will end the need for guardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More.
Follow this link for more information about hearings of the Guardianship Division of NCAT.
If you are unhappy about a decision of the Guardianship Division of NCAT, you can ask the Tribunal to review its decision if you are a person who is directly affected by the Order or if you are a person with a genuine concern for the welfare of the person under guardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More.
You can appeal a decision of the Guardianship Division of NCAT by an Appeal Panel of NCAT or by the Supreme Court of NSW if you were a party in the hearing before the Guardianship Division. Generally, you are only a party to a hearing if you are directly affected by the outcome of the hearing. Sometimes you are a party to a guardianship hearing because the law says you are automatically (for example, if the proceeding is about you). In other circumstances you may need to apply to the Tribunal to be made a party to the proceeding.
You may seek review of, or appeal, a decision of the Guardianship Division of NCAT if you disagree that a Guardian should have been appointed (or not appointed), or with who the appointed Guardian is, or with the functions that the appointed Guardian has been given. There are costs associated with both these processes.
If you appeal to the Appeal Panel of NCAT or to the Supreme Court against a decision made by the Guardianship Division, the appeal must be made within twenty eight (28) days of getting a copy of the Guardianship Order and the reasons for the decision from the Guardianship Division.
If you are directly affected by a decision made by the Public Guardian under a Guardianship Order and you want to challenge that decision, you can ask the Public Guardian to conduct an internal review and provide reasons for its decision. You must do so within twenty-eight (28) days of the decision being made. Requests must be in writing. The Public Guardian must complete this review and provide you with the outcome within twenty-one (21) days of your request.
If you remain dissatisfied with the Public Guardian’s decision, or if the Public Guardian has not reviewed its decision within twenty-one (21) days, you can apply to the Administrative and Equal Opportunity Division of NCAT for an external review of the decision. The Tribunal could decide to confirm the decision, vary the decision, or make a different decision. You must apply to the Tribunal for an external review within twenty-eight (28) days of receiving the outcome of the Public Guardian’s internal review.
Updated March 25, 2020
