Review of enduring guardianship

NCAT can review the appointment of an Enduring Guardian if you have a genuine concern for the welfare of the person who has lost capacity. 

What is an Enduring Guardian?

An Enduring Guardian is someone you choose to make personal or lifestyle decisions on your behalf if you lose the capacity to make your own decisions at some time in the future.

The appointment of your Enduring Guardian takes effect only if you lose the capacity to make your own major personal decisions.

For more information about appointing an enduring guardian visit the Planning Ahead Tools website

Review of an Enduring Guardianship appointment

How to apply for a review

If you are concerned that an enduring guardian is not making decisions in the best interests of the person who has lost capacity, you can apply to NCAT to review the enduring guardianship appointment.

NCAT can only review the appointment of an Enduring Guardian once the appointor has lost their capacity to make decisions.

NCAT does not supervise Enduring Guardians. It will only act if a concerned person makes an application, or information is received which leads to a review of the Enduring Guardianship appointment.

What can NCAT decide?

When deciding the review of an Enduring Guardianship appointment, NCAT can:

  • Confirm the appointment, with or without varying the functions of the Enduring Guardian.
  • Revoke the appointment of the Enduring Guardian, with or without making a guardianship/financial management order.
  • Declare that the appointment ‘has effect’. This means that the appointor has lost the capacity to make decisions and the Enduring Guardian may use the appointment to make substitute decisions.
  • Approve the resignation of an Enduring Guardian (if the appointor has lost capacity).
  • Substitute an Enduring Guardian if the original Enduring Guardian has died, resigned or become incapacitated

Interstate recognition

Interstate enduring guardianship appointments or their equivalent are automatically recognised in NSW. You do not need to apply to NCAT for an interstate recognition.

If you are planning to be in another state or move around Australia, find out if your NSW enduring guardianship appointment will be recognised. Visit the Australian Guardianship and Administration Council website for contact details of the relevant interstate guardianship organisation.



Quick links

Contact the Guardianship Division

Do you need to apply?

Guardianship Act 1987  

 

Appointment of enduring guardian

Vis​​​it Planning Ahead Tools or NSW Public Guardian for information on how enduring guardians are appointed.