​​​

Do you need to apply?

Most people with a decision-making disability manage with help from family, friends and service providers. They do not need a guardian or a financial manager.

There are alternatives to applying to NCAT. Before going through the legal process, consider whether there is an appropriate alternative.

Talk it over

Is a disagreement preventing decisions being made for the person? Bringing everyone together to talk about options might help resolve the problem.

A Community Justice Centre can also provide advice or mediation to assist with family disputes.

What's the current situation?

You may not need to apply to NCAT if you answer ‘yes’ to any of the following questions.

Personal or financial decisions

  1. Is there already an enduring guardian appointed to make lifestyle decisions?
  2. Is there an attorney appointed under an enduring power of attorney to handle the person's financial affairs?
  3. Are friends, family or carers already assisting the person?

Medical or dental treatment decisions

  1. Is there already a 'person responsible' to make decisions about treatment?  This would be (in order of priority) an appointed guardian; spouse or partner; carer; relative or friend.
  2. Read the Person responsible fact sheet [PDF, 54kB] for more information.

Get some advice

Applying to NCAT may not be your only solution. There are many aged-care and disability services that provide advice or information.

When to apply to NCAT

You should consider applying to NCAT if:

  • an agreement can’t be reached among those involved, or 
  • the person concerned is objecting to any of the arrangements.