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Guardianship Division

NCAT can appoint guardians for people 16 years of age and over who are incapable of making their own decisions about their lifestyle. Generally, NCAT only hears applications where there are no appropriate decision making arrangements already in place or where an appropriate alternative to an application cannot be found.

In an application for guardianship, NCAT may decide to appoint a private guardian (family member or friend) or the NSW Public Guardian.

What is guardianship?

An application for guardianship means you are asking NCAT to appoint someone as the guardian for the person who is the subject of the application.

A guardian has the authority to make lifestyle or personal decisions for someone who is incapable of making these decisions for themselves. Lifestyle or personal decisions may include decisions about medical or dental treatment, where someone lives and what services they need.

NCAT can only consider guardianship applications about people who live in New South Wales and who are 16 years or older.

What does NCAT consider in making a guardianship order?

NCAT will not make a guardianship order unless it is 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 arrangement in place that are working in their best interests, the Tribunal may not make an order. For more information, refer to information on whether you do need to apply.

Application form

Applications for guardianship can be made by completing an application form and submitting it to NCAT.

For further information contact the NCAT Guardianship Division’s enquiry service on (02) 9556 7600 or 1300 006 228.

The information on this site is a guide only and is not legal advice - see disclaimer.