NCAT can review an enduring guardianship appointment once the appointor has lost their capacity to make decisions.
An enduring guardian is someone appointed by a person to make personal or lifestyle decisions on their behalf if they lose capacity to make decisions in the future.
Visit Planning Ahead Tools or NSW Public Guardian for information on how enduring guardians are appointed.
If you are concerned that an enduring guardian is not making decisions that are in the best interests of the person who has lost capacity, you can apply to NCAT to review the appointment.
NCAT can suspend, revoke, confirm or vary the appointment of an enduring guardian. It can also declare the appointment has effect.
The appointment of an enduring guardian can only be revoked at the request of the appointed enduring guardian or if NCAT is satisfied that revocation is in the best interests of the person. If the Tribunal revokes the appointment of an enduring guardian, it can proceed as if an application for guardianship and/or financial management had been made and make orders appointing a guardian or financial manager. If NCAT makes a guardianship order, the appointment of enduring guardian is suspended for the duration of the Tribunal’s order.
NCAT can appoint a substitute enduring guardian if the original enduring guardian has died, resigned or become incapacitated.
NSW automatically recognises enduring guardianship appointments or their equivalents made in other Australian states and territories. You do not need to apply to NCAT for recognition of an interstate enduring guardianship appointment.
Other Australian states and territories have their own legislation governing enduring guardianship. Some, but not all, automatically recognise a NSW enduring guardianship appointment as legally valid in those states.
If you are planning to be in another state or move around Australia, find out whether that state or territory will recognise a NSW enduring guardianship appointment. If it is not recognised, you may consider appointing an enduring guardian under the laws of that state or territory.
For more information about guardianship laws in other states and territories, contact the interstate guardianship organisation. Visit the Australian Guardianship and Administration Council website for contact details.
Application to review an enduring guardian appointment [PDF, 341kB]
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Guardianship Act 1987
The following forms are available on the Planning Ahead Tools website:
Appointment of enduring guardian form [PDF]
Revocation of appointment of enduring guardian [PDF]
Notice of resignation as enduring guardian [PDF]