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Reviews

Guardianship Division

NCAT can review the guardianship and financial management orders that it makes.

Review of guardianship orders

Guardians are appointed by NCAT 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. NCAT automically reviews all guardianship orders at the end of its term as a legal requirement

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. NCAT 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.

To request a review, complete the application form and lodge with your attachments to NCAT's Guardianship Division.

Review hearings

At the review hearing, NCAT 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, NCAT can decide whether to change the functions of the guardian or change the guardian.

In some circumstances, NCAT 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.

For more information about how NCAT conducts hearings for the review of guardianship orders, read the Review of guardianship orders fact sheet [PDF 51kB].


Review of financial management orders

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

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

You can apply for a review of a financial management order and request NCAT 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.

To request a review, complete the application form and lodge with your attachments to NCAT's Guardianship Division 

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. NCAT 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.