Guardianship Tribunal Matters:

The Guardianship Tribunal of NSW has now been integrated into the NSW Civil and Administrative Tribunal's (NCAT) Guardianship Division.  NCAT has the power to make orders relating to both guardianship and financial matters.

 Guardianship Matters 

Guardianship relates to the welfare and medical decisions made for another person who is unable to make these decisions independently. A guardian can be appointed under a document known as an Enduring Guardianship. 

The types of orders available to NCAT for guardianship matters include:  

• An order that a person be appointed the guardian of another who is unable to care for themselves; 
• An order as to the type of care or treatment provided to another person; 
• An order that any existing Enduring Guardianship be revoked, varied or affirmed; 
• An order that a person receive specific medical treatment in circumstances where major treatment is required and consent cannot otherwise be obtained (for example if no guardian has been appointed); 

 Financial matters  

Financial affairs are regulated by a document known as a Power of Attorney. Under a Power of Attorney, a person appoints another to manage their legal and financial affairs as from a certain time, for example, if they are physically or mentally unable to do or immediately. 

The types of orders available to NCAT for financial matters include:

 An order varying or revoking an Enduring Power of Attorney if the appointor did not have legal capacity; 

• An order that an attorney provide accounts showing the distribution of monies paid out during the course of an Enduring Power of Attorney; 
• An order that the Revocation of an Enduring Power of Attorney is not valid if the person did not have capacity at the time of executing this document, or if it the document is invalid for other reasons such as it being made under duress.   

If you have a matter presently before NCAT, or if you have concerns regarding the guardianship or financial affairs of another, you may wish to contact our firm and arrange an appointment to see one of our Aged Care & Elder Law Solicitors. Please call us on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.