The Guardianship Tribunal is a Tribunal set up by the NSW Government which deals with people who have disabilities. The Tribunal can make either or both:
A. Financial control order
B. A Guardianship Order
A. Financial Control Order.
Is where an Order is made requiring a person’s money, property and financial matters are to be controlled by a person. The Tribunal can make such an order in favour of a close member of the family. If there is no one available or if members of the family are in dispute or issues arise as to whether members of the family are going to deal with the person’s money or property appropriately, then the Office of the Trustee in Guardian is given this role. A fee is charged.
People generally don’t like having financial control orders, hence the reason people have Powers of Attorneys.
If however, there is a dispute in relation to a person Power of Attorney or if it is alleged that the Attorney is not acting in the person’s best interest, a Guardianship Tribunal can set aside the Power of Attorney effect by ordering a Control Order which takes precedent.
If a person can’t make decisions about their self, eg: medical treatment, hospitalisation or nursing homes, then the Tribunal can make an Order putting the person’s personal affairs in the hands of another person such as a relative or if there is no one available or if there again disputes amongst the family , then the Office of Trustee and Guardian is given such role.
Once again people generally prefer members of the family to look after their affairs, hence we have clients enter into Powers of Enduring Guardians. If there is a dispute as whether a member of the family or someone is exercising their powers incorrectly, then an application can be made to the Guardianship Tribunal appointing someone else or the Office of Trustee and Guardian.
Aired October 2011 on Radio 2RG Griffith