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Planning ahead

Information about General and Enduring Powers of Attorney, Enduring Guardianship, Financial Management Orders, and an Advanced Care Directive.

  • This topic covers

    • General and Enduring Powers of Attorney
    • Enduring Guardianship
    • Financial Management Orders made in the NSW Civil and Administrative Tribunal (NCAT) or the Mental Health Review Tribunal
    • Advanced care planning
    • Proceedings in the Guardianship Division of NCAT

    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:

  • when you were notified of the decision, or
  • when you were given reasons for the decision, 

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 New South Wales.

In most circumstances, you can only appeal on a point of law.

Organisation

OrganisationResponsibilities
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 and 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 the Supreme Court of New South Wales. Alternatively, a person may appoint NSW Trustee and 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 and Guardian operate the Power of Attorney even whilst the person has capacity.

The NSW Trustee and Guardian will be added as party to proceedings in the Supreme Court of New South Wales 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 New South Wales 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 and Guardian will be added as a party to proceedings where there is a review of an appointment of an Enduring Guardian in NCAT.

Legislation

AuthorityCovers
Powers of Attorney Act 2003 (NSW)General and Enduring Powers of Attorney.
Guardianship Act 1987 (NSW)Orders for Enduring Guardianships.

Common termDefinition
Advance Care DirectiveA 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 GuardianshipThe 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 OrderAn order of the NSW Civil and Administrative Tribunal (NCAT), the Mental Health Review Tribunal or the Supreme Court of New South Wales appointing a private individual or the NSW Trustee and Guardian to act as the Financial Manager for a person who is unable to manage their own financial decisions.
Guardianship OrderAn order of NCAT or the Supreme Court of New South Wales to appoint a private individual or the NSW Trustee and Guardian to act as the decision maker for a person who is unable to make decisions about their own health and lifestyle.
Living WillSee Advan​​​ce Care Dire​​ctive.
Mental capacity

The ability to make your own decisions. If you have mental capacity, you can:

  • understand the facts and choices involved in a decision
  • consider the consequences of your decisions
  • communicate the decision.

For more information, see the Capacity​ Toolkit on the Department of Communities and Justice website. 

Person responsibleA 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.
WillA written document that sets out how a person's assets are to be divided after their death. 

OrganisationFee
NSW Land Registry ServicesYou 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 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 and GuardianYou may have to pay a fee for the NSW Trustee and Guardian to act as your Financial Manager.

OrganisationForms
NSW HealthMaking an Advance Care Directive
Mental Health Review TribunalApplication 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)

Revocation of Power of Attorney form

NSW Civil and Administrative Tribunal Guardianship Division forms

OrganisationTypeCosts
Private lawyerLegal feesA 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 GuardianServices fees

NSW Trustee and Guardian charges fees to:

  • prepare and manage a Power of Attorney and Enduring Guardian
  • prepare a will
  • manage a trust
  • financial management fees, and
  • executor fees. 
NSW Land Registry ServicesRegistration feeNSW Land Registry Services charge a fee if want to register your Power of Attorney.

Frequently Asked Questions

Planning ahead FAQs

Frequently Asked Questions about General and Enduring Powers of Attorney, Enduring Guardianship, Financial Management Orders and advanced care planning.

Contact us

If you have a legal problem in NSW, Legal Aid NSW is here to help you.

Elder Abuse Service

A specialist service providing free legal advice to people 65 years or older, or 50 or over for Aboriginal customers in the Central Coast, Lower Hunter and Newcastle regions.

Mental Health Advocacy Service

For people who have a Financial Management Order or Guardianship matter before the Mental Health Review Tribunal or Guardianship Division of NSW Civil and Administrative Tribunal.

Planning ahead

This topic has information about appointing another person to make decisions on your behalf if you are no longer able to, and how you want your estate distributed after you die.

Everyone deserves respect

This brochure has information about how the Elder Abuse Service in Gosford can help older people living at the Central Coast and Lower Hunter with legal problems.

Speaking for myself

This brochure has information about planning for later life decision-making and the steps you can take to protect your interests.

Who gets my stuff when I die?

This brochure has information about wills and why they are important for Aboriginal and Torres Strait Islander people.

Who will decide for you if you can't decide?

This brochure has information to help you plan ahead in case you lose the capacity to make your own decisions.

Last updated: December 2024