This fact sheet explains who is legally a party to Guardianship Division proceedings and who can take part in the case and receive information from NCAT.
A party is someone who has certain rights in legal proceedings, such as the right to receive a notice of hearing. The parties vary depending on the type of application being considered. Use the table below to find out who the parties are in different Guardianship Division applications.
| Party type | Application | End of term review | Requested review | Review of an enduring guardianship appointment |
|---|---|---|---|---|
| Person the application is about | Yes | Yes | Yes | Yes |
| Applicant | Yes | N/A | Yes | Yes |
| Spouse* | Yes | Yes | Yes | Yes |
| Carer** | Yes | Yes | Yes | Yes |
| Guardian appointed by the Tribunal | N/A | Yes | Yes | No |
| Enduring Guardian*** | Yes | Yes | Yes | Yes |
| NSW Public Guardian | Yes | Yes | Yes | Yes |
| NSW Trustee and Guardian | No | No | No | Yes |
| Party joined by the Tribunal | Yes | Yes | Yes | Yes |
| Party type | Application | End of term review of a financial management order | Requested review of a financial management order | Review of an enduring power of attorney (including review of revocation) |
|---|---|---|---|---|
| Person the application is about | Yes | Yes | Yes | Yes |
| Applicant | Yes | N/A | Yes | Yes |
| Spouse* | Yes | Yes | Yes | No |
| Carer** | Yes | Yes | Yes | No |
| Financial manager appointed by the Tribunal | N/A | Yes | Yes | No |
| Attorney/s under the Power of Attorney*** | Yes | Yes | Yes | Yes |
| NSW Trustee and Guardian | Yes | Yes | Yes | Yes |
| Party joined by the Tribunal | Yes | Yes | Yes | Yes |
* Spouse means the husband or wife or de facto partner (including same sex partner) of the person the application is about. The spouse must have a close and continuing relationship with the person.
** Carer means an unpaid carer who provides or arranges for domestic services and support for the person the application is about on a regular basis or did so before the person lived in a residential care facility. A person is still considered an unpaid carer if they receive a carer’s pension.
*** if any such person or persons are appointed to these roles.
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