In circumstances where there is a need for a person to be assisted by a Guardian or Attorney, but no existing Power of Attorney or Guardianship instrument exists, a concerned individual can apply to NSW Civil and Administrative Tribunal (NCAT) to have a suitable person (or the NSW Trustee & Guardian) appointed as a Financial Manager or Guardian of the person in need.
Generally, NCAT is a “no cost” jurisdiction and there is no “right” to be legally represented in this Tribunal. You may ask for permission (or leave) to be legally represented, otherwise, parties are expected to speak for themselves at any Hearing. If leave is not granted, solicitors may still assist with the preparation of statements, collation of evidence and drafting written submissions. The Guardianship Division of NCAT exercises concurrent jurisdiction with the Supreme Court under the Powers of Attorney Act 2003 and Guardianship Act 1987. We have prepared some tips to help you navigate your way through a hearing with NCAT.
For further information see the NCAT fact sheet on legal representation available below
Streeterlaw Sydney lawyers has the experience to assist parties to prepare evidence and submissions before the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) or the Supreme Court. Streeterlaw principal Mark Streeter has appeared in a number of capacities in this jurisdiction including as a solicitor advocate for a party, as counsel to parties to advise and consult during the hearing but without formally appearing and as a “separate representative” appearing for people who are the subject of an application in the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT).
The role of the separate representative, who is appointed by the Guardianship
Division of the NSW Civil and Administrative Tribunal (NCAT) (and so does not act on the instructions of a client) is to present the views of the person and provide other information and submissions to help the Tribunal make a decision under the Guardianship Act 1987.
A more expansive explanation of the role of the Separate Representative is available. Please see the NCAT fact sheet available below