Guardianship and Its Reach

When a loved one suffers from decision-making disabilities due to conditions like dementia, mental illness, brain injury, or intellectual disability, you may find yourself considering guardianship. Being a guardian means making critical decisions on health, accommodation, services, and lifestyle. However, it is pivotal to remember that guardianship is typically the final resort when other informal arrangements have been exhausted. This comprehensive guide dives into the application for guardianship process in the New South Wales Civil and Administrative Tribunal (NCAT)'s Guardianship Division, elucidating the integral factors, fundamental principles, and the guardian's role.

Guardianship and Its Reach

The concept of guardianship revolves around the appointment of a person to make decisions for someone else incapable due to a decision-making disability. As a guardian, you have the authority to make certain personal and lifestyle choices for the individual but depending upon the terms of the order. However, handling financial matters necessitates a separate application for a financial management order. It is possible for a person to serve both as a guardian and a financial manager.

Launching Your Guardianship Application

The journey towards securing guardianship orders starts with lodging an application to NCAT's Guardianship Division. The application should be detailed and should probably be supported with relevant medical and professional evidence. Collating all the material isn't all that easy - that's where our template may just help! 

Our template: -

1. Asks key questions

2. Provides you with a script, to discuss the application for guardianship with the person about whom the application is made

3. Provides you with a template letters to the doctor, social worked and occupation therapist (depending on your situation) asking for reports regarding the application

4. Provides you with a template letter asking for a reference if you want to be the guarding

5. Provide a template application to be lodged with NCAT

And, it includes a checklist to help you along your way. 

How NCAT Decides

NCAT grants guardianship orders after meticulous examination of the provided evidence. It needs to be convinced that the person under consideration genuinely needs a guardian and is partially or wholly incapable of managing their person. If there are pre-existing informal arrangements that work sufficiently, the need for a formal guardianship order may not arise.

Reviewing Guardianship Orders

NCAT may review the guardianship order. Should there be genuine concerns about the person under guardianship, you may have the right to request a review of the orders where it is in the best interests of the person affected to do so.

The Guardian's Responsibilities

As a guardian, your role is liklely to be having to make decisions about personal and lifestyle matters on behalf of the person under guardianship. Remember, unless also appointed as a financial manager, financial decisions are outside of your purview.

Is Guardianship Necessary?

Applying for guardianship should follow a rigorous assessment of the situation and effectiveness of any current informal arrangements. Tell-tale signs indicating the necessity for guardianship can include conflicts, cases of abuse, neglect, exploitation, or legal requirements.

Guardianship Orders: What Can and Can't Be Done

Guardianship orders outline the specific areas where a guardian can make decisions. However, remember that decisions related to marriage, will-making, voting, and financial matters are beyond the standard guardian's authority.

NCAT's Guiding Principles

When making guardianship orders, NCAT is guided by principles in the Guardianship Legislation and Civil and Administrative Tribunal Act. This ensures the process is fair, transparent, and expedient.

Who Can Become a Guardian?

Becoming a guardian isn't open to all. You have to be at least 18 years old and be willing and able to fulfill this role. Also, it is not a paid position.

In Summary

Applying for guardianship is a weighty matter. It requires a deep understanding of the person's decision-making disability, the need for a guardian, and the application process itself and an ability to act in the best interests of the person about whom the application is made. Our  guardianship application template aims to streamline this process. With an intuitive design and step-by-step guide, our template makes navigation through the application process simpler, efficient, and more effective. You can use our template to or if you are confident enough simply make the application with NCAT directly. 

* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.