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Guardianship

NCAT can appoint a guardian under the Guardianship Act 1987 for a person with a decision making disability.

A guardian can make decisions about the person's health, accommodation, services or other lifestyle matters. If financial decisions need to be made, consider applying to NCAT for a financial management order.

What is guardianship?

How does NCAT make guardianship orders?

How to apply  
 

What is guardianship?

Applying for guardianship means you are asking NCAT to appoint someone as a guardian for a person with a decision making disability.

A guardian is authorised to make personal and lifestyle decisions on behalf of the person under guardianship. These include decisions about where to live, what services to use and consenting to medical and dental treatment.

A guardian is not authorised to make financial decisions. However a person can be appointed as both guardian and financial manager.

How does NCAT make guardianship orders?

To make a guardianship order, NCAT must be satisfied by the evidence before it that:

  • the person the application is about has a decision-making disability
  • the disability results in the person being partially or wholly incapable of managing themselves, and
  • there is a need for the person to have a guardian appointed.

If the person already has informal decision making or an enduring guardianship appointment in place that are working in their best interests, NCAT may not make an order.

Read the Guardianship hearings fact sheet [PDF, 118kB] to find out what to expect at a guardianship hearing.

How to apply

Complete the guardianship application form and lodge with your attachments to NCAT's Guardianship Division.

 Guardianship application form [PDF, 179kB]

Read the Information for Applicants fact sheet [PDF, 171kB] before submitting your application.

Who can help me?

If you have any questions, please contact NCAT's Guardianship Division on 1300 006 228 or (02) 9556 7600.