How to obtain guardianship for your adult child with a disability in NSW

Why Guardianship Might Be Necessary

Guardianship is a legal arrangement allowing someone to make personal and lifestyle decisions on behalf of an adult who cannot do so independently due to a disability. Common reasons for seeking guardianship include:

• Difficulty managing healthcare decisions.
• Challenges in choosing or accessing appropriate accommodation or services.
• Risk of neglect, abuse, or exploitation.
• Inability to consent to medical treatments.

Guardianship is typically considered a last resort when informal support systems fail or are insufficient.

Who Can Apply for Guardianship?

Anyone with a genuine concern for the welfare of the person with a disability can apply. This includes family members, friends, or professionals. The applicant must demonstrate that guardianship is necessary and that there are no less restrictive alternatives.

Steps to Apply for Guardianship

The process for obtaining guardianship involves several steps:

1. Determine Necessity

Before applying, assess whether guardianship is essential. Informal arrangements or existing legal tools like enduring power of attorney may suffice. Guardianship should only be pursued if no other options meet the individual’s needs.

2. Prepare Evidence

You’ll need documentation proving the person’s inability to make decisions independently. This includes:

• Reports from doctors, social workers, or other professionals detailing the person’s disability and decision-making capacity.
• Statements from family members or carers about the individual’s challenges.

3. Complete the Application Form

Fill out the Guardianship Application Form available from the NSW Civil and Administrative Tribunal (NCAT). Include all required evidence and details about why guardianship is needed.

4. Lodge the Application

Submit the completed form and supporting documents to NCAT’s Guardianship Division via mail or in person. Copies must also be sent to relevant parties such as family members and carers.

5. Attend the NCAT Hearing

Once your application is lodged, NCAT will schedule a hearing. During this hearing:

• You’ll present your case.
• NCAT will review evidence and hear from all involved parties, including the person with a disability if possible.
• The tribunal may ask questions to clarify details.

6. Receive NCAT’s Decision

After the hearing, NCAT will decide whether to grant guardianship. If approved, they will issue a formal order specifying:

• Who is appointed as guardian.
• The scope of decisions the guardian can make.
• The duration of the order (typically 1–3 years).

Responsibilities of a Guardian

As a guardian, you’ll be responsible for making decisions about:

• Healthcare (e.g., consenting to treatments).
• Accommodation (e.g., selecting suitable housing).
• Accessing support services (e.g., NDIS-related matters).

Guardians must act in the best interests of the person under their care and consider their wishes wherever possible.

Frequently Asked Questions

Do All Adults with Disabilities Need Guardians?

No. Many adults with disabilities can make their own decisions or be supported through informal arrangements like family assistance or advocacy programs.

Can Financial Decisions Be Included?

Guardianship does not cover financial matters. Separate applications must be made for financial management orders if needed.

What Happens When Informal Support Breaks Down?

If informal arrangements fail due to disagreements or lack of resources, guardianship may become necessary to ensure proper care and decision-making support.

Key Considerations

When applying for guardianship:

• Focus on demonstrating why it is in your child’s best interests.
• Ensure all evidence is thorough and well-documented.
• Consider whether less restrictive alternatives could meet their needs.

By navigating this process thoughtfully, you can help safeguard your adult child’s rights while ensuring they receive appropriate care and support.