Applications
The Guardianship Tribunal determines applications for:
- guardianship
- financial management
- consent to medical and dental treatment
- approval of clinical trials
- reviews of enduring powers of attorney
- reviews of an enduring guardianship appointments.
Before you make an application
Before you make an application to the Guardianship Tribunal have you considered whether you need to apply to the Tribunal? Most people with a decision-making disability manage in the community with help from their family, friends and service providers without the need for a guardian or financial manager to be appointed for them.
Working out an alternative, as long as it is in the best interests of the person concerned, may be better than having to go through the legal process of appointing a guardian or financial manager.
If you need to apply, use the menu on the left for information about making an application to the Guardianship Tribunal.
What happens when you make an application?
When an application is made to the Guardianship Tribunal, it sets in train a formal legal process which the Tribunal controls. Applications can only be withdrawn with the consent of the Tribunal.
Before the hearing
Enquiry
The Tribunal's Enquiry Service can help with queries about the role and functions of the Guardianship Tribunal, planning ahead, and issues relating to guardianship, financial management, consent to medical or dental treatment, review of enduring power of attorney and review of enduring guardianship appointments.
Application
Anyone with a genuine concern for the welfare of the person they consider incapable of making their own decisions can apply. You can contact the Guardianship Tribunal's Enquiry Service before making an application.
Investigation
Applications are allocated to Tribunal staff members. Their role is to ensure that sufficient information is available to the Tribunal to conduct a hearing. They also provide information about the hearing and prepare a report for the hearing.
Hearing
Three Tribunal members hear guardianship and financial management applications. They consider the relevant written evidence. They take evidence from those attending the hearing (including the person the application is about, and the applicant) or giving evidence by telephone. After considering the evidence and if satisfied that the person does not have the capacity to make decisions, the Tribunal decides if a guardian and/or financial manager is required and who it will be.
Wherever possible, hearings are audio taped.
Dismissal
If, after considering the evidence, the Tribunal is not satisfied that the person has lost their decision-making capacity or there is no need to appoint a guardian or financial manager, an application can be dismissed.
Order
If the Tribunal is satisfied there is a need to appoint a guardian or financial manager or consent to treatment, it makes an order. The written order and the reasons for decision are sent to all legal parties.
After the hearing
After the order
If a private guardian is appointed, they are authorised to make decisions about the functions they have been given in the order. They may wish to contact the Private Guardian Support Unit of the Office of the Public Guardian for more information.
If the Public Guardian is appointed, the Office of the Public Guardian will make decisions under the functions given in the order.
If a private financial manager is appointed they will be referred to the Liaison Officer from the Office of the Protective Commissioner, who will obtain more information about the person's estate and discuss what needs to be in the financial plan. The Protective Commissioner will issue a set of directions, setting out the powers of the private financial manager to manage the person's financial affairs.
If the Protective Commissioner is appointed then the Office of the Protective Commissioner will begin to undertake their function as the financial manager.
Written orders and reasons for decision
The Tribunal provides written orders and reasons for decision for every guardianship and/or financial management hearing it conducts. These are sent out to the parties as soon as practicable after the hearing.
Related Links
- Office of the Public Guardian
http://www.lawlink.nsw.gov.au/opg - Office of the Protective Commissioner
http://www.lawlink.nsw.gov.au/opc