Guardianship Orders can also be made in care and protection matters. If the matter relates to a child and the Department of Communities and Justice have been involved, see the Care and protection topic.
Time limit | Action |
---|---|
28 days | To apply for an internal appeal with the NSW Civil and Administrative Tribunal (NCAT) from:
whichever is later. In some cases, you also need to seek leave (permission) to make this type of appeal. |
28 days | To appeal the decision of NCAT to the Supreme Court of NSW. In most circumstances, you can only appeal on a point of law. |
Organisation | Responsibilities |
---|---|
NSW Civil and Administrative Tribunal (NCAT) | Can review Power of Attorneys and Guardianship documents and make a Financial Management Order or Guardianship Order after someone loses mental capacity. |
NSW Trustee & Guardian | Can manage the financial affairs of people who lose mental capacity. They can be appointed as a Financial Manager by NCAT, the Mental Health Review Tribunal or Supreme Court of NSW. Alternatively, a person may appoint NSW Trustee & Guardian as their Enduring Guardian or Power of Attorney while they still have capacity. In some cases, a person can also request that NSW Trustee & Guardian operate the Power of Attorney even whilst the person has capacity. The NSW Trustee & Guardian will be added as party to proceedings in the Supreme Court of NSW or NCAT where there is a review of an Enduring Power of Attorney. |
NSW Public Guardian | Can be appointed by NCAT or the Supreme Court of NSW to make lifestyle decisions for people who lose mental capacity. The NSW Public Guardian will be added as a party to proceedings in NCAT where there is a review of a Guardianship Order or a review of an appointment of an Enduring Guardian. The NSW Public Guardian and the NSW Trustee & Guardian will be added as a party to proceedings where there is a review of an appointment of an Enduring Guardian in NCAT. |
Authority | Covers |
---|---|
Powers of Attorney Act 2003 (NSW) | General and Enduring Powers of Attorney. |
Guardianship Act 1987Â (NSW) | Orders for Enduring Guardianships. |
Common term | Definition |
---|---|
Advanced Care Directive | A document that sets out your wishes about future medical treatment if you lose mental capacity. Also known as a Living Will. |
​Appointer | ​The person who nominates another person as their Enduring Guardian. |
​Attorney | ​The person with the principal's authority to manage the principal's legal and financial affairs. |
Enduring Guardianship | The legal appointment of a person, called your guardian, to be your substituted decision-maker when you lose the mental capacity to make decisions about your health and lifestyle. |
​Enduring Power of Attorney | ​A legal document that allows your nominated person, called your attorney, to deal with your property and financial affairs if you lose the mental capacity to make decisions for yourself. |
Financial Management Order | An order of the NSW Civil and Administrative Tribunal (NCAT), the Mental Health Review Tribunal or the Supreme Court of NSW appointing a private individual or the NSW Trustee & Guardian to act as the Financial Manager for a person who is unable to manage their own financial decisions. |
Guardianship Order | An order of NCAT or the Supreme Court of NSW to appoint a private individual or the NSW Trustee & Guardian to act as the decision maker for a person who is unable to make decisions about their own health and lifestyle. |
Living Will | See Advan​​​ced Care Dire​​ctive. |
Mental capacity | The ability to make your own decisions. If you have mental capacity, you can:
For more information, see the Capacity​ Toolkit on the Department of Communities and Justice website. |
Person responsible | A person who has authority to give consent for another person to receive medical or dental treatment. |
​Principal | ​The person who makes a Power of Attorney giving someone else the authority to manage the principal's legal and financial affairs. |
Power of Attorney | A document signed by the principal that gives a person, called the attorney, the authority to manage the principal's legal and financial affairs. |
Will | A written document that sets out how a person's assets are to be divided after their death. |
Organisation | Fee |
---|---|
NSW Land Registry Services | You will have to pay a registration fee to NSW Land Registry Services if you want your attorney appointed under a Power of Attorney to be able to deal with real property. |
Guardianship Division of NSW Civil and Administrative Tribunal (NCAT) | You don't have to pay a fee to apply to the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). |
Administrative and Equal Opportunity Division of NSW Civil and Administrative Tribunal (NCAT) | You may have to pay a fee to apply to the Administrative and Equal Opportunity Division of NCAT. |
NSW Trustee & Guardian | You may have to pay a fee for the NSW Trustee & Guardian to act as your Financial Manager. |
Organisation | Forms |
---|---|
NSW Health | Making an advanced Care Directive |
Mental Health Review Tribunal | Application to Revoke a Financial Management Order |
NSW Land registry Services | Enduring Power of Attorney form Enduring Power of Attorney form (interactive) General Power of Attorney form General Power of Attorney form (interactive) |
NSW Civil and Administrative Tribunal |  Guardianship Division forms |
Organisation | Type | Costs |
---|---|---|
Private lawyer | Legal fees | A private lawyer will charge you for making a Power of Attorney or Enduring Guardianship. The costs can vary so you should speak to the lawyer about their fees. |
NSW Trustee and Guardian | Services fees | NSW Trustee and Guardian charges fees to:
|
NSW Land Registry Services | Registration fee | NSW Land Registry Services charge a fee if want to register your Power of Attorney. |
Last updated: December 2023