The Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) can review the appointment of an Enduring Guardian on its own motion or at the request of anyone the tribunal considers has a genuine concern for the welfare of the person.
When reviewing the appointment of an Enduring Guardian, the tribunal can suspend, revoke, confirm or vary the appointment of an Enduring Guardian. It can also declare the appointment has effect. The tribunal can appoint a substitute Enduring Guardian if the original Enduring Guardian has died, resigned or become incapacitated. The tribunal can also approve the resignation of an Enduring Guardian.
Financial management and guardianship orders have a significant legal effect and an appointed substitute decision maker can overrule the person’s decisions if necessary. The tribunal only makes orders when all other attempts to resolve the situation have failed. Some of the things to consider before making an application to the tribunal include:
- can additional informal supports be provided to the person?
- could extra services assist in resolving the person’s difficulties?
- could mediation be used to resolve conflict? Community Justice Centres provide professional mediation services free of charge.
- is there a Person Responsible who can make decisions about medical treatment?
Before a hearing, the Guardianship Division NCAT will require evidence about the person’s disability, incapacity and need for decisions to be made. Visit the Guardianship Division of the NSW Civil and Adminstrative Tribunal website for more information.