A guardian appointed by the Guardianship Tribunal is someone who is legally authorised to make personal or lifestyle decisions on behalf of a person who is unable to make those decisions for him or herself. The Tribunal can only consider guardianship applications about people who are resident in NSW and over the age of 16.

A guardian is not authorised to make financial decisions (that is the role of a financial manager appointed by the Guardianship Tribunal or a person with a power of attorney).

The kinds of decisions a guardian can be authorised to make include:

• where the person should live
• what support services the person should use
• what healthcare and medical treatment the person should receive
• whether restrictive practices are appropriate in the management of the person’s behaviour.

Any person (there can be more than one appointed) over 18 who is willing and able to take on the role as guardian can be appointed. If there is no suitable person willing to take on the role, the Tribunal can appoint the NSW Trustee & Guardian.

Contact us

We appear regularly in the Guardianship Tribunal in relation to applications for guardianship orders.

We are able to take action to seek to overturn the appointment of a guardian where an appointment has been inappropriately made or where the interests of the grantor are not being appropriately considered.

For free initial telephone advice in relation to an application to the Guardianship Tribunal (or opposing an application), the appointment of an enduring guardian or an enduring power of attorney, please call one of our Estate Planning Lawyers on (02) 9525 8688.