The Public Guardian and Trustee provides the following services to the Northern Territory community.
Advance Personal Plans
The Public Guardian and Trustee maintains a register of Advance Personal Plans
This plan is a legal document that can be used to record a person's views and wishes relating to future decisions. This information can be used to make decisions if the person loses decision-making capacity as a result of an illness or accident. This plan also allows a person to legally appoint decision maker(s) to act on their behalf.
The plan only comes into effect when a person is no longer able to make decisions for themselves. It does not replace a Will as it is only valid while the person is alive.
The Public Guardian and/or Public Trustee may be appointed as decision maker in an Advance Personal Plan.
Read more about Advance Personal Plans .
Advocacy
The Public Guardian and Trustee plays a significant role in advocating for Territorians with impaired decision-making capacity. Advocacy is undertaken at the individual and system level and includes the promotion of understanding and awareness of relevant issues. This advocacy aims to:
- safeguard the interests and rights of the person
- drive positive change
- raise awareness about guardianship as well as supported and substitute decision-making issues
- enhance support frameworks
- promote best practice in service delivery.
Community education
The Public Guardian and Trustee provides education sessions to community groups, service providers, health care professions and organisations.
These sessions can cover:
- Personal and Financial Guardianship.
- Advance Personal Planning.
- Health Care Decision Making.
- Northern Territory Decision Making Framework.
- Overview of the Public Guardian and Trustee.
Sessions provided can be adapted to meet the needs of the group.
To book an education session:
- fill in the booking request form DOCX (28.5 KB)
- email to pgt@nt.gov.au.
Guardianship
The Public Guardian and Trustee provides guardianship services for people who:
- are aged 18 and over, and
- have impaired decision-making capacity, and
- have difficulties making informed decisions on their own.
The Public Guardian and Trustee can only be appointed when there is no one else willing or able to be a guardian.
The Public Guardian may be appointed as decision maker for personal matters. This may include decisions about:
- health care
- housing
- lifestyle
- support services
- other personal matters.
The Public Trustee may be appointed as decision maker for financial matters. This may include decisions about:
- finances
- property management
- other financial matters.
When appointed as a guardian, the Public Guardian and Trustee undertakes the role of decision maker and works with support services to ensure the person's needs are met. A legally appointed decision maker does not have to undertake the role of a carer, support coordinator or case manager.
The Public Guardian and Trustee also advocates for the person the order relates to ensuring their human rights are upheld.
Read more about guardianship.
Health care decision making
The Public Guardian can make health decisions for people with impaired decision-making capacity under the:
- Guardianship of Adults Act 2016
- Advance Personal Planning Act 2013
- Health Care Decision Making Act 2023
The Public Guardian can consent to health care decision when appointed as a:
- guardian in a guardianship order
- decision maker in an Advance Personal Plan.
The Public Guardian can also make health decisions where there is no one else willing or able.
Read more about Health Care Decision Making .
Private guardian support
The Public Guardian and Trustee works with private guardians to ensure they feel confident in their role. This enables guardians to make decisions that promote the wellbeing and rights of the represented person.
This can include providing information about their:
- responsibilities as a guardian
- decision-making authority in the order
- reporting requirements to the Tribunal.
Read more about support for private guardians.
The Public Guardian also has a monitoring and investigative role under the Guardianship of Adults Act 2016. The conduct of a guardian can be investigated if there is evidence they are not acting or making decisions in accordance with:
- the Guardianship of Adults Act 2016
- their authority as outlined in the order.
Read more about investigations into the conduct of a guardian .
Trust management
The Public Trustee may be appointed to make decisions in relation to the finances of a person with impaired capacity through:
- a guardianship order
- an Advance Personal Plan
- the courts or compensation.
They can also be appointed as financial manager for a minor who has been awarded compensation or is the beneficiary of an estate.
Read more about Trust management .
Wills and Estates
The Public Guardian and Trustee provides a Will-making service for eligible members of the Northern Territory community. There is also a free Will storage service for all Territorians.
The Public Guardian and Trustee administers deceased estates when:
- appointed as executor in a person's Will
- a person dies without a Will (intestate) and there is no next of kin willing or able to do so
- ordered by the Supreme Court.
Read more about Wills and Estates.