NSW Civil and Administrative Tribunal (NCAT)

Amendments to the Guardianship Act and Powers of Attorney Act

Announcement - 3 December 2018

Recent changes to the Guardianship Act 1987 and Powers of Attorney Act 2003 extend the list persons who are parties to NCAT Guardianship Division proceedings.

From 1 December 2018, the legislative changes add the following as statutory parties:

  • NSW Public Guardian is now a party to all reviews of a guardianship order or an appointment of an enduring guardian.
  • NSW Trustee and Guardian is now a party to all reviews of an enduring guardianship appointment or an enduring power of attorney

The NSW Public Guardian may be appointed by the Tribunal as the person's guardian in a review of guardianship orders or an enduring guardianship appointment.  Similarly, the NSW Trustee and Guardian may be appointed as the financial manager in enduring guardianship or enduring power of attorney proceedings.

These legislative changes ensure the NSW Public Guardian and NSW Trustee and Guardian are involved in the review proceedings in the event they are appointed to these roles.

To find out who are the parties in different Guardianship Division applications, read the updated fact sheet Who is a party to proceedings in the Guardianship Division?​ [PDF 88kB].