After the hearing

Guardianship Division

In most cases NCAT makes its decision about the application at the end of the hearing and will advise the parties of the outcome at the hearing.

The types of orders that could be made can include:

  • Order – If NCAT is satisfied there is a need to appoint a guardian or financial manager or to consent to treatment, it makes an order.
  • Dismissal – NCAT can dismiss the application for reasons including: if it is not satisfied that the person does not have decision-making incapacity or where there is no need to appoint a guardian or financial manager.
  • Consent to withdrawal – NCAT may consent to the withdrawal of the application by the applicant. NCAT may not consent to the withdrawal of the application and may decide to proceed with the hearing and make other orders.
  • Adjournment – NCAT may decide to adjourn the hearing to a later date to allow for further evidence to be submitted by the parties.
  • Reserved decision – NCAT may decide to reserve its decision to allow it to deliberate further on the evidence. Parties will be advised of the final outcome generally by a written order at a later date. 

The written order and the reasons for decision will be sent to all parties, as soon as practicable after the hearing.  For more information, read the fact sheet Guardianship​ orders - what happens after the hearing? [PDF, 49kB].

After an order is made for guardianship or financial management

If the NSW Public Guardian is appointed as guardian, then the Public Guardian is authorised to make decisions under the functions given to the Public Guardian in the order.

If a private guardian is appointed, they are authorised to make decisions about the functions they have been given in the order. Private Guardians may wish to contact the Private Guardian Support Unit of the Public Guardian for information about their role, responsibilities and functions.

If the NSW Trustee and Guardian is appointed at the financial manager they will begin to undertake their function as the financial manager

If a private financial manager is appointed they will be referred to the NSW Trustee and Guardian, who will obtain more information about the person's estate and discuss what needs to be in the financial plan. The NSW Trustee and Guardian will issue a set of directions, setting out the powers of the private financial manager to manage the person's financial affairs.

Read the fact sheet Financial management - what happens after the hearing? [PDF, 49kB]​ for more information.

Written orders and written statement of reasons for decision

The Tribunal will send written orders for its decision to each party to the proceedings.

NCAT's Guardianship Division gives each party in proceedings a written statement of reasons for any decision it makes. The Tribunal however, is not required to provide a written statement of reasons where the Tribunal is constituted by less than three Division members for certain decisions such as ancillary or interlocutory decisions, unless requested to do so by a party.

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