NCAT can review the making or operation and effect of an Enduring Power of Attorney.
Review of Enduring Power of Attorney applications are managed through NCAT's Guardianship Division.
An Enduring Power of Attorney is a legal document appointing a person of your choice to manage your financial and legal affairs in the event you lose capacity. It is recommended you seek legal professional help to tailor it to meet your specific requirements.
Visit the NSW Trustee & Guardian website for information about making an Enduring Power of Attorney.
If you are concerned that the attorney is not acting in the best interests of a person who has lost capacity, you can apply to NCAT for a review.
To apply for the review of an Enduring Power of Attorney:
NCAT can review an Enduring Power of Attorney and make orders under the Powers of Attorney Act 2003. It can declare that a person who made an Enduring Power of Attorney ('the principal') did not have the mental capacity to do so and that the enduring power of attorney was invalid.
NCAT can vary or revoke an Enduring Power of Attorney. It can appoint a substitute attorney and it can declare the principal is not competent to manage their affairs.
NCAT has the power to review a revocation of an enduring power of attorney. The Tribunal can declare that the person ('the principal') did or did not have the mental capacity to revoke the enduring power of attorney. The Tribunal can declare an enduring power of attorney is valid if it is satisfied that either:
NCAT may decide not to make orders about the revocation of an enduring power of attorney and to treat the application as if it were for a financial management order.
Interstate enduring powers of attorney or their equivalent are automatically recognised in NSW. You do not need to apply to NCAT for an interstate recognition.
If you have savings, assets or property in another state or territory, find out whether your NSW Enduring Power of Attorney will be recognised in that state or territory. Visit the Australian Guardianship and Administration Council website for contact details of the relevant interstate guardianship organisation.
If you have any questions about a review of enduring power of attorney application, please contact NCAT's Guardianship Division on 1300 006 228.
A wide range of helpful fact sheets about applications dealt with by NCAT's Guardianship Division are available on the Guardianship Division fact sheets page.
08 Sep 2022
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