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.
What is NCAT Representation
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