Guardian of last resort
The Public Guardian and the Public Trustee can act as a guardians of last resort. This only happens when the Northern Territory Civil and Administrative Tribunal (the Tribunal) is satisfied that there is no one else able to be a guardian for the person.
Public Guardian and Trustee staff undertake the role of decision maker and advocate. They do not undertake the role of a case manager.
As an advocate they ensure the represented person:
- is supported through the decision-making process
- their human rights are upheld.
They also ensure that decisions:
- Align with the authority in the guardianship order.
- Align with the guardianship principles.
- Take into account the person's current and previously stated views and wishes.
- Support the individual in making their own decisions, where possible.
In addition, the Public Guardian and Trustee follows the
National Guidelines for Public Guardianship and National Guidelines for Financial Managers.
Public Guardian as personal guardian
If the Public Guardian is appointed as decision maker, the Guardianship Team will work with the person and the people who support them to understand their situation. This information assists in the decision‑making process and advocating for the person.
This can occur through:
- talking with the person
- talking with people close to the person
- obtaining medical and other assessment reports
- meeting with carers and support services.
The Guardianship Team works with the person to help them make their own decisions where possible. When a decision needs to be made, the Guardianship Team will:
- gather all the information
- make a time to talk with the person
- make time to talk to any other relevant people.
Once all information has been collected and reviewed, a decision will be made that best suits the person.
Public Trustee as financial guardian
If the Public Trustee is appointed as decision maker, the Trust Team talk with the person and the people who support them to understand their situation and help make money decisions that are good for the person's wellbeing.
This can occur through:
- talking with the person
- talking with people close to the person
- obtaining financial records
- obtaining information about any assets the person owns.
This information supports the Trust Team to advocate for the person and support decision making relating to:
- managing money
- paying bills
- maintaining any real estate or other assets
- determining investment strategies
- buying things are need.
The Trust Team will work with the person and their supporters to create a budget. This ensures the person's money and assets are managed in a way that best suits their needs and lifestyle.
All decisions are made carefully, taking into consideration the views and wishes of the person and any other interested parties.
Public Guardian and Trustee may charge fees for financial guardianship services.
Review of a decision made by the Public Guardian and Trustee
If you are unhappy with a decision made by the Public Guardian and Trustee, you can contact them to talk about the decision.
You can also ask for information to be provided about the reasons why a decision has been made. This is called a statement of reasons. It can help you understand why the decision has been made.
If you still do not agree with the decision, you can ask for the decision to be reviewed.