Guardianship > If the order is not working

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Reviews

Guardianship Division

NCAT can review the guardianship and financial management orders that it makes. The Tribunal reviews a guardianship order at the end of its term as a legal requirement. It can direct particular financial management orders to be reviewed. However, someone who has a genuine concern for the person who is the subject of the order can request a review of an order at any time.

Reviewing a guardianship order

Guardians are appointed for a specified period of time. Initial orders can be made for a period of up to one year or up to 3 years in special circumstances.

At the review hearing, the Tribunal can renew the order, renew and vary the order or allow the order to lapse. The order can be renewed for a maximum of 3 years or 5 years in special circumstances.

If the order is renewed, the Tribunal can decide whether to:

  • change the functions of the guardian

  • change the guardian.

In some circumstances, the Tribunal may decide when making the order, that there is no need for a review. In this case, the order will lapse at the end of the specified period.

Requesting a​​ review of a guardianship order

You can request a review of a guardianship order if you have a genuine concern for the person under guardianship. The Tribunal may decide to change or end the order if:

  • the order is not working for the person under guardianship

  • circumstances have changed affecting the order

  • there is no further need for a guardian.

For more information read the fact sheet Hearings for reviews of guardianship orders [PDF, 51kB].

To apply download the form Request to review a guardianship order [PDF, 343kB].

Reviewing a financial management order

Most financial management orders are indefinite and apply to all of the person's financial affairs. The Tribunal can exclude part of a person's estate from the financial management order in limited circumstances. Sometimes, the Tribunal can decide to review a financial management order within a specified time.

For more information read the fact sheet Hearing of an application to review or revoke financial management order [PDF, 50kB]

To apply download the form Application to review or to revoke a financial management order [PDF, 291kB]. ​

Request​in​g a review of a financial management order

You can apply for a review of a financial management order and request the Tribunal to revoke or vary the order. You can apply for the revocation of a financial management order if the person has regained the capacity to manage their affairs or it is in the best interests of the person for the order to be revoked.

Requesting a review o​f the appointment of a financial manager

You can apply for a review of the appointment of a particular financial manager rather than the financial management order itself. The Tribunal can only revoke the appointment of a financial manager if it is satisfied that:

  • The appointed manager seeks revocation; or

  • It would be in the best interests of the person with an appointed financial manager to have the appointment revoked; or

  • The financial management order itself has been revoked.