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About the Tribunal

What we do

What we do

1. The Tribunal can appoint guardians for adults 16 years of age and over who are incapable of making their own decisions about their lifestyle. Generally, the Tribunal only hears cases where there are no appropriate arrangements already in place or where an appropriate alternative to an application cannot be found.
   
   In an application for guardianship, the Tribunal may decide to appoint a private guardian (family member or friend) or the Public Guardian.
   
   
2. The Tribunal can appoint a financial manager to manage the financial affairs of a person who is incapable of making their own decisions about their finances. Generally, the Tribunal only hears cases where there are no appropriate arrangements already in place or where an appropriate alternative to an application cannot be found.
   
   In an application for financial management, the Tribunal may decide to appoint a private financial manager (family member or friend) or the Protective Commissioner.
   
   
3. The Tribunal also can make decisions relating to consent to medical and dental treatment in certain circumstances where people are unable to consent for themselves where there is no person responsible able to consent on their behalf or where they are objecting or their person responsible will not consent to the proposed treatment.
   
   
4. The Tribunal has the power to review an enduring power of attorney and make orders under the Powers of Attorney Act 2003. It can declare that a person who made an enduring power of attorney (ie. 'the principal') did not have the mental capacity to do so and that the enduring power of attorney was invalid. The Tribunal can vary or revoke an enduring power of attorney. It can appoint a substitute attorney and it can declare the principal is not competent to manage their affairs.
   
   
5. The Tribunal has the power to review an enduring guardianship appointment once the person under enduring guardianship has lost their capacity to make decisions. They or someone else needs to make an application to the Tribunal before the review can take place.
   
   
6. The Tribunal must approve a clinical trial before any adult who cannot consent to their own treatment can take part in that clinical trial.
   
   

More Information

The Definitions section of this website explains the key terms used here as well as many other terms frequently used by the Guardianship Tribunal.