The New South Wales Civil and Administrative Tribunal (“NCAT”) is a Tribunal that hears a wide variety of matters, including Applications for Financial Management or Guardianship.
- – A Financial Manager is someone that NCAT appoints to make decisions about your (or your loved ones) money regarding how it is saved or spent. A Financial Manager can be a member of your family, a friend or the NSW Trustee and Guardian.
- – A Guardian is someone that NCAT appoints to make decisions about your (or your loved ones) health, lifestyle, accommodation and medical needs. NCAT might appoint a member of your family, a friend or the Public Guardian to be your Guardian.
NCAT might have a special hearing to determine whether you are (or your loved one is) able to make your/their own decisions, or whether someone is required to make decisions for you/them.
It is helpful to know that you (or your loved one) may not be able to actively participate in the special hearing if you/they are:
- – Incapable of representing your/themself; or
- – Under a legal incapacity due to either – age, mental illness, disability or other special circumstances.
In these circumstances, NCAT might determine that you need a separate representative to represent you. This person is independent of NCAT and independent of you and generally a solicitor. This service is free for the person being represented as it is usually paid for by Legal Aid NSW if you (or your loved one) meet the eligibility criteria.
The role of the separate representative is to:
- – Represent you (or your loved ones) wishes to help you (or your loved one) have your/their point of view considered at the Hearing.
- – Tell NCAT what they think is in your (or your loved ones) best interests if they don’t agree with what you (or your loved ones) say.
If a separate representative is appointed for you, they will:
- – Speak to you (or your loved one) before a Hearing to establish what you want.
- – Explain the support they will provide.
- – Read documents that are relevant to how you (or your loved one) will make decisions and whether you are (or your loved one is) able to make decisions, including reports from doctors and other medical professionals.
- – Represent your (or your loved ones) views at the Hearing and convey what they believe is in the best interests if this is different to what you want.
- – Follow certain rules when acting for you (or your loved one).
They might:
- – Ask questions of witnesses to gather more information and determine what they believe is in your best interests, including your family member, support worker or your doctor.
If someone has made an application to NCAT about you (or your loved one), regarding Financial Management or Guardianship, contact our office today on contact@streeterlaw.com.au OR (02) 8197 0105 to speak to our expert team, so we can help you navigate this process.
