Withdrawing an application

Sometimes after an application has been made, circumstances may lead to the application being withdrawn. For example, the problem that led to the application has been resolved, or another way has been found to deal with the problem appropriately.

An application cannot be withdrawn without the Tribunal's consent.

The applicant has to request the Tribunal to withdraw an application. The Tribunal will allow the withdrawal of the application if it is satisfied that it will not disadvantage the person with a disability and there is no need for an order. Sometimes Tribunal staff will suggest that the application should be withdrawn.

Withdrawing an application with the Tribunal's approval is a common event. In recent years, more than 30 percent of guardianship applications and 25 percent of financial management applications have been withdrawn before hearing.

How to make a request to withdraw

To request the withdrawal of an application, the applicant should complete a Request to Withdraw an Application form and return it to the Tribunal.

The Guardianship Act provides that an application can only be withdrawn with the consent of the Tribunal. If there is any concern that the person who is the subject of the application may be disadvantaged by its withdrawal it will proceed to a hearing of the Tribunal.

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