Reviews
The Guardianship Tribunal can review the guardianship and financial management orders that it makes. The Tribunal reviews its guardianship orders as a legal requirement. It can direct particular financial management orders to be reviewed. However, someone who has a genuine concern for the person who is the subject of the order can request a review of that order.
Reviewing a guardianship order
Guardians are appointed for a specified period of time. Initial orders can be made for a period of up to one year or up to three years in special circumstances. On review, orders can be renewed for a maximum of three years or five years in special circumstances. The Tribunal undertakes a review near the end of the period specified in the order unless it decides, when making the order, that there is no need for a review. In this case, the order will lapse at the end of the specified period unless someone requests a review.
At the review hearing, the Tribunal decides whether the order is still needed and, if so, whether to:
- continue the order appointing the guardian for a further specified period;
- change the functions of the guardian;
- change the guardian.
Requesting a review of a guardianship order
You can request a review of a guardianship order if:
- the order is not working for the person under guardianship
- circumstances have changed affecting the order
- there is new information
- there is no further need for a guardian.
Read Hearings for Reviews of Guardianship Orders for more information on the different types of reviews and what happens at a review hearing.
Reviewing a financial management order
Most financial management orders are indefinite and apply to all of the person's financial affairs. Sometimes, the Tribunal can decide to review a financial management order within a specified time. These orders are reviewed at another hearing. The Tribunal can also exclude part of a person's estate from the financial management order in limited circumstances.
Requesting a review or revocation of a financial management order
You can apply for review of a financial management order to:
- Replace the manager of the person's estate or,
- include or exclude a part of the person's estate
You can apply for revocation of a financial management order if:
- the person has regained the capacity to manage their affairs or it is in the best interests of the person for the order to be revoked
Read Hearings of Applications to Review or Revoke Financial Management Orders for more information on the different types of reviews and what happens at a review hearing.