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 New South Wales. 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 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. |
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 |
---|---|
Advance 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 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 Order | An 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 Will | See Advan​​​ce 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 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 Guardian | You may have to pay a fee for the NSW Trustee and Guardian to act as your Financial Manager. |
Organisation | Forms |
---|---|
NSW Health | Making an Advance 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: August 2024