Family Law
When someone you care for can't make decisions for themselves, guardianship provides legal certainty.
Guardianship orders allow a trusted person — usually a family member — to make personal, lifestyle, and medical decisions on behalf of an adult who lacks the capacity to do so. Whether you need to apply for guardianship, challenge an existing order, or understand how guardianship interacts with power of attorney, specialist lawyers can guide you through each state's tribunal process.
⚠ Where an adult cannot make urgent medical decisions, delay in obtaining guardianship can have serious consequences — submit your request now.
Does This Sound Like You?
Common situations we help with.
Adult child has lost capacity — becoming their guardian
Your adult child has an intellectual disability, an acquired brain injury, or a serious mental illness and now lacks capacity to make important personal decisions. Without a guardianship order, you have no legal authority to make decisions on their behalf — even as a parent. Applying to the relevant state tribunal (NCAT, VCAT, SAT etc.) for a guardianship order provides that authority.
Disputing a guardianship order for an elderly parent
A guardianship order has been made for your elderly parent — perhaps appointing another family member or the Public Guardian — and you believe the appointed guardian is not acting in your parent's best interests, or that the appointment itself was not appropriate given the family's circumstances. Guardianship orders can be reviewed and varied when circumstances change or where the guardian is not performing appropriately.
Professional guardian appointed over family objections
The Public Guardian or a professional guardian has been appointed for your family member despite your willingness and ability to act as guardian. You believe the tribunal did not fully consider your suitability and want to challenge the appointment, or seek to have yourself substituted as guardian. Tribunals can reconsider appointments where there is credible evidence a family member is appropriate and willing.
Guardianship needed to make medical decisions
Your family member needs surgery, a change of medication, or a significant medical treatment but lacks capacity to consent, and the medical facility is requiring a legal guardian's consent. A guardianship order with authority for medical and health care decisions provides the legal basis for you to authorise treatment on their behalf in consultation with their treating medical team.
Reviewing guardianship as circumstances change
You are an existing guardian but your circumstances have changed — you are moving interstate, you are no longer able to fulfil the role, or your family member has regained some capacity and the scope of the guardianship order needs to be reduced. Guardianship orders are not permanent by default and should be reviewed regularly to ensure they remain appropriate for the person's current needs.
Interstate guardianship recognition
Your family member is moving from one state to another, or you need to exercise guardianship authority in a state other than where the order was made. While there are national frameworks for recognition of guardianship orders, the rules are complex and not uniform across all states and territories. A lawyer can advise on whether your existing order is recognised and what steps are needed to ensure continuity of decision-making authority.
How It Works
Applying for guardianship — navigating the tribunal process.
Guardianship law is administered by state and territory tribunals, each with their own procedures. A specialist lawyer familiar with your state's tribunal will ensure your application is properly prepared and that the right scope of authority is sought for your family member's specific needs.
Submit Your Guardianship RequestSubmit your request
Tell us about your family member, their situation, which state you are in, and whether there is already a guardianship order in place. We will match you to a specialist in your jurisdiction.
Free consultation and assessment
A specialist lawyer explains the guardianship process in your state, advises whether guardianship is the right mechanism or whether an enduring power of attorney would be more appropriate, and outlines what evidence the tribunal will need.
Application, hearing, and order
Your lawyer prepares and lodges the application with the relevant tribunal (NCAT, VCAT, SAT, QCAT, or equivalent), assembles medical evidence of incapacity, and represents you at the hearing to obtain the order that best serves your family member's interests.
State-Based
Guardianship is governed by state law — NCAT in NSW, VCAT in Victoria, QCAT in Queensland, SAT in WA, and equivalents elsewhere
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
Reviewable
Guardianship orders are not permanent — they should be reviewed regularly to match your family member's current needs and capacity
Before You Apply
Practical questions about guardianship in Australia.
What is the difference between guardianship and power of attorney? +
An enduring power of attorney (EPOA) is a document a person makes while they still have capacity, appointing someone to make financial and/or personal decisions on their behalf if they later lose capacity. A guardianship order is made by a tribunal when a person has already lost capacity and either never made an EPOA or the EPOA does not adequately cover their needs. If a person has a valid EPOA, guardianship may not be necessary — a lawyer can advise which is appropriate depending on whether the person currently has capacity to sign legal documents.
How do I apply for guardianship in my state? +
Applications are made to the relevant state or territory tribunal. In NSW, the NSW Civil and Administrative Tribunal (NCAT) deals with guardianship. In Victoria, it is VCAT. In Queensland, QCAT. In South Australia, the South Australian Civil and Administrative Tribunal (SACAT). In WA, the State Administrative Tribunal (SAT). Each tribunal requires evidence of the person's incapacity (usually medical evidence from a treating doctor or specialist), evidence of the proposed guardian's suitability, and details of the decisions the guardian needs to make. A lawyer can prepare all of this documentation and represent you at the hearing.
Who can be appointed as a guardian? +
Any eligible adult — typically a family member — can be appointed as a guardian. The tribunal considers the closeness of the relationship, the proposed guardian's ability to advocate for the person's wishes and best interests, any conflicts of interest, and the person's own preferences where these can be ascertained. Where no suitable family member is available or willing, the Public Guardian or a professional guardian may be appointed. Courts generally prefer to appoint someone who knows the person well and can make decisions consistent with the person's values and wishes.
What are a guardian's responsibilities and limitations? +
A guardian can only make decisions within the scope authorised by the tribunal order — typically covering personal decisions such as where the person lives, who they have contact with, and health care decisions. A guardian does not automatically have authority over finances — a separate financial manager or administrator appointment is needed for that. The guardian must act in the person's best interests, consider their expressed wishes and values to the extent possible, and make the least restrictive decision available. Guardians must account to the tribunal for significant decisions and can be removed if they are not acting appropriately.
What is the difference between a guardian and an administrator or financial manager? +
A guardian makes personal and lifestyle decisions on behalf of the person — where they live, their health care, their support services, and their personal relationships. A financial administrator (called a financial manager in some states) makes decisions about the person's finances and property — managing bank accounts, paying bills, making investments, and dealing with real estate. The same person can be appointed as both guardian and administrator, or different people can be appointed for each role. A lawyer can advise on whether you need one or both types of appointment given your family member's specific situation.
How do I review or revoke a guardianship order? +
Any interested party — including the person subject to the guardianship, the guardian, a family member, or the Public Guardian — can apply to the relevant tribunal to vary or revoke a guardianship order. Common reasons for review include a change in the person's capacity (improvement or deterioration), a change in the guardian's circumstances, concerns about the guardian's conduct, or a change in the person's needs or living situation. Tribunals typically review guardianship orders periodically — often every 1–3 years — but can be asked to do so earlier if circumstances warrant it.
Have a question not covered here? Submit your request and a lawyer will be in touch.
Request a Free Consultation