NSW Civil and Administrative Tribunal

Do you need to apply?

Information alert

The information on this page applies only to cases managed by NCAT's Guardianship Division

Most people with a decision-making disability do not need a guardian or a financial manager. They can manage with support from family, friends and service providers.

Before applying to NCAT, consider whether there is an appropriate alternative. 

Check the current arrangements

If you answer ‘yes’ to any of the following questions, you may not need to apply to NCAT. Consider whether the existing arrangement allows the required decisions to be made.

Personal or financial decisions

  • Is there already an enduring guardian appointed to make lifestyle decisions?
  • Is there an attorney appointed under an enduring power of attorney to handle the person's financial affairs?
  • Are friends, family or carers already assisting the person?

Medical or dental treatment decisions

  • Is there already a 'person responsible' to make decisions about treatment? This would be (in order of priority) an appointed guardian; spouse or partner; carer; relative or friend.
  • Read the Person responsible fact sheet for more information.

Talk it over

Before applying, talk with the person concerned and others involved. This may include family members, carers, service providers or professionals.

Bringing everyone together to talk about options might help resolve the problem without needing an NCAT order.

Get some advice

Applying to NCAT may not be the only option. Many aged-care and disability services provide advice or information.

When to apply to NCAT

You may need to apply to NCAT when an important decision cannot be made under the current arrangements. Consider applying if:

  • an agreement can’t be reached among those involved
  • the person concerned is objecting to any of the arrangements.

For more information

Read the Do you need an order? fact sheet for ways a person can get help to make decisions without applying to NCAT.

A full list of fact sheets about matters dealt with by NCAT's Guardianship Division is available on the Guardianship Division fact sheets page.

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