Guardianship is the legal authority granted by a tribunal to a person (the guardian) to make personal and lifestyle decisions on behalf of another adult who lacks decision-making capacity — due to intellectual disability, acquired brain injury, dementia, mental illness, or other impairment. It is needed when a person can no longer make or communicate decisions about where they live, what medical treatment they receive, or what support services they access, and there is no existing document (such as an Enduring Power of Guardianship) that authorises someone to act for them.

A guardian makes personal and lifestyle decisions for a person lacking capacity — such as where they live, their medical treatment, and what services they receive. A financial manager makes financial and legal decisions — such as managing bank accounts, paying bills, managing investments, and dealing with property. Both roles can be held by the same person or by different people. R+M Law assists clients in applying for, and carrying out, both roles across the ACT and NSW.

In the ACT, guardianship and financial management orders are made by the ACT Civil and Administrative Tribunal (ACAT). In NSW (including Queanbeyan and Yass), they are made by the NSW Civil and Administrative Tribunal (NCAT). Either an interested person — such as a family member or carer — or the Public Advocate can apply. The tribunal holds a hearing and makes orders in the best interests of the person, considering their wishes, circumstances, and the least restrictive option available.

An application can be made by: a family member; a close friend; a treating doctor, health professional, or support worker; a disability service provider; or the Public Advocate or Public Trustee. Any person who has a genuine concern for the wellbeing of the person lacking capacity can apply. R+M Law advises applicants on the most appropriate pathway, assists with preparing the application, and represents clients throughout the tribunal process.

Disagreements about guardianship appointments are not uncommon and can be distressing. The tribunal will hear from all parties and appoint the person it considers best placed to act in the interests of the person concerned — prioritising those with the closest relationship and no conflict of interest. In contested proceedings, having experienced legal representation significantly improves the outcome. R+M Law represents clients in disputed guardianship applications in both ACAT and NCAT.

An Enduring Power of Attorney is a document you make while you have capacity, appointing a trusted person to manage your finances if you later lose capacity. A financial management order is made by a tribunal after a person has already lost capacity — typically because no Enduring Power of Attorney exists, or because the existing arrangement has broken down. An Enduring Power of Attorney is preferable because it avoids the need for tribunal proceedings and puts the decision in your own hands. R+M Law strongly recommends completing Powers of Attorney as part of your estate plan.

Yes. If you believe a family member who lacks decision-making capacity is being financially abused or that their existing arrangement is no longer appropriate, R+M Law can advise you on your options. These may include applying for a financial management order, applying for a review of an existing order, or reporting concerns to the relevant authority. Contact us on (02) 9158 1386 to discuss your situation confidentially.

R+M Law handles guardianship and financial management matters with the sensitivity and care they require. We understand that these proceedings often arise at a time of family stress or crisis. We aim to provide clear, practical advice that protects the interests of the person lacking capacity while supporting the family through the process. We also offer competitive rates for agency-referred matters and appear regularly before both ACAT and NCAT.