Application process
An application for guardianship order can only be made by someone aged 18 or over. It could be for a family member, friend or person they are providing a service to. There is no fee to apply.
The Northern Territory Civil and Administrative Tribunal (the Tribunal) is responsible for making guardianship orders.
To apply for a guardianship order:
- fill in the application for guardianship form
- seek a report from the person's doctor or health professional about their decision-making capacity
- gather any other information about the person's decision-making capacity
- submit the form and all information to the Tribunal
After an application has been submitted, the Tribunal will arrange a hearing. It will provide details about the time and location to the applicant.
The Public Guardian and Trustee may contact the applicant before the hearing to provide additional information about guardianship. They may also ask further questions where information is unclear or incomplete to help the Tribunal make its decision.
The hearing
At the hearing, the Tribunal will look at the information provided and consider:
- The nature and extent of the person's impaired decision-making capacity.
- How their needs can be met in a way which least restricts their freedom of decision and action.
- The types of personal or financial decisions that need to be made.
Once the Tribunal has reviewed all the information, it will decide if a guardianship order needs to be made. If an order is made, they will say how long the order should be in place. A guardianship order can be as short as 90 days or last for several years. Every order will show the start date and reassessment date for the order. Some orders also have an expiry date.
A copy of the guardianship order will be sent to:
- the represented person
- the guardians
- identified interested persons
- the Public Guardian and Trustee.
Attending the hearing
Applicants must attend the hearing. It must also ensure the person that the application is about attends the hearing too, unless there are exceptional circumstances. If attending in person is not possible, the Tribunal can organise for people to attend by phone or video. Interpreter services are also available.
Anyone with a genuine interest in the person should also come to the hearing. An interested person might be:
- a relative or friend
- a social worker
- an allied health or medical professional
- someone who provides support or care
- anyone else with a genuine and sufficient interest in protecting the person's best interests.
Legal representation is not required for anyone attending the hearing. However, any interested person may arrange to have a lawyer present. They will need to pay for the lawyer or get help through Legal Aid or a community legal organisation.
Changing a guardianship order
Applications to make changes to a guardianship order can be made at any time.
An order can be:
- Varied - make changes to the order such as a different guardian or area of authority.
- Revoked - remove the guardianship order because the person does not need it.
- Reassessed - look at the guardianship order to make sure it is still what is best for the person.
The Tribunal will look at the application to ensure the changes will be in the best interests of the person with the order. The Tribunal will also look at any changes in the person's needs or circumstances during the review.
The following people can make an application:
- the represented person
- any guardian
- any person with concerns about the current guardianship arrangements
- anyone else with any other valid reason for the order to be reviewed.
The Tribunal may hold a hearing to review the application. This gives an opportunity for applicants to provide relevant information and answer questions.
Removing a guardianship order
If a person feels they no longer need a guardian to help make decisions, they can talk with their guardian or a doctor about this. They can also ask the Tribunal to reassess their guardianship order if they are unhappy with it.
The Tribunal will want information from the person's doctor or people that provide services to support this request.
If the person needs help to have their order reassessed, they can talk to:
- their guardian
- the Public Guardian and Trustee
- the Tribunal
- a legal service
- a disability advocacy service.
Interstate guardianship orders
The Tribunal can also register interstate orders. If a person with a guardianship order moves to the Territory, it is a good idea to register their order with the Tribunal. Registering an interstate order recognises its authority in the Northern Territory. This ensures continuity of decision-making for the represented person.
To register an interstate order, fill in the form and provide:
- a copy of the interstate guardianship order
- information about the person's needs and capacity
- any other relevant information.
The Tribunal will review the application to confirm it meets the Northern Territory requirements. If it does, they will register it, allowing the guardianship arrangement to continue without issue.
An application for a guardianship order in the Northern Territory can be submitted to the Tribunal if there are any issues.