What is a guardianship order?

When a person can no longer manage essential decisions about their health, living arrangements, or daily care, and (usually) didn’t appoint an enduring guardian before they lost capacity, the New South Wales Civil and Administrative Tribunal (NCAT) may issue a guardianship order. This legal directive appoints a trusted individual or organisation to step in and make decisions that prioritise the person’s well-being and dignity.

A guardianship order can authorise the appointed guardian to:

• Decide on the most appropriate accommodation to ensure safety and comfort.
• Approve or refuse medical treatments, including making decisions about withdrawing treatment if necessary.
• Enrol the individual in programs and activities that support their personal and social needs.

This order serves as a safeguard, ensuring that those who are unable to advocate for themselves are supported by a dedicated and responsible decision-maker.