Houston Defence Lawyers

If a person can no longer make important life decisions and has no enduring guardian or guardianship order, you may need to apply to the New South Wales Civil and Administrative Tribunal (NCAT) for a guardianship order.

Administrative Law
Guardianship orders in New South Wales, governed by the Guardianship Act 1987, allow for a guardian to be appointed for individuals with impaired decision-making abilities due to conditions like intellectual disability, mental illness, brain injury, or dementia. The appointed guardian can make decisions regarding health, accommodation, and personal matters. An enduring guardian can be appointed by someone over 16, effective upon the onset of disability, and must be over 18 and not a service provider.

A private guardian can be appointed if no enduring guardian exists, often by NCAT. Public guardians are appointed if no suitable private guardian is available. Guardians cannot manage finances; this is handled by a financial manager appointed by NCAT. Guardianship orders are reviewed periodically by NCAT and can be renewed, varied, or allowed to lapse.

Houston Defence Lawyers can assist you to navigate the practice and procedures of guardianship orders. Or seek leave to represent you or a family member wishing to revoke/vary a guardianship or financial management order.