Applications

The Tribunal determines applications for guardianship, financial management, consent to medical and dental treatment, approval of clinical trials, review of enduring powers of attorney and enduring guardianship appointments.

Before you make an application

Do you need to apply to the Tribunal?

Use the links in the menu on the left to learn more about making an application.

What happens when you make an application?

This diagram outlines the legal process for making an application.

Application process diagram. Description of diagram below

Before the hearing

Enquiry
The Tribunal's Enquiry Service can help with queries about the role and functions of the Guardianship Tribunal.

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 the Tribunal is not satisfied that the person cannot make their own decisions or there is no need for the person to have a guardian or financial manager, the 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 NSW Trustee, who will ask for more information about the person's estate and discuss what needs to be in the financial plan. The NSW Trustee will issue a set of directions, setting out the powers of the private financial manager to manage the person's financial affairs.

If the NSW Trustee is appointed then the Office of the NSW Trustee 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.

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