Guardianship

To access Applications/Forms for this section, please click here.

APPLICATION FOR APPOINTMENT OF GUARDIAN AND/OR MANAGER CHECKLIST

To assist the ACAT to list your application for hearing as soon as possible, please ensure that the application form is completed in full and, that you lodge it with any necessary statutory declarations and other attachments.

The checklist below tells you what documents are needed. If you propose that the Public Advocate or the Public Trustee be appointed as guardian or manager you must contact those offices and talk to them about your application.

NECESSARY DOCUMENTS - CHECKLIST

Application for Appointment of Guardian and/or Manager form must be completed in full and include:

  • copies of any report available to the applicant prepared by a health professional, social worker or other professional person relating to the person's health welfare or decision-making ability;
  • the signed consent of each person who it is proposed should be appointed as a guardian or manager
  • Statutory Declaration (for use with Guardianship and Management of Property Applications) form must be completed by each person who it is proposed should be appointed as guardian or manager (not required if the proposed guardian/manager is the Public Advocate or Public Trustee)
  • Statement of Property - Statutory Declaration form (required for management applications only) must be completed by the proposed manager that informs the tribunal about the income, assets and debts of the person
  • Completing the Application for Appointment of Guardian and/or Manager form.

The information required for this form includes:

  • Contact details for the applicant;
  • An indication of the orders applied for :- guardian or manager, or both;
  • Contact details of the person for whom the order is sought;
  • Report/s from doctor/psychologist/other professional involved as described in the checklist;
  • Full Contact details of relatives and friends;
  • Details of the proposed guardian (complete if applying for a guardianship order)

If proposed guardian is the Public Advocate:

  • tick the box

If other guardian/s proposed:

  • Indicate if the proposed guardian/s is/are prepared to act as a plenary or limited guardian/s
  • proposed guardian/s must sign and date this part of the form

Details of proposed manager (complete if applying for a management order)

If the proposed manager is the Public Trustee:

  • tick the box

If other manager/s proposed:

  • indicate if the proposed manager/s is/are prepared to act as a plenary or limited manager/s
  • proposed manager/s must sign and date this part of the form

Enduring Power of Attorney

If the person for whom an order is sought has signed an enduring power of attorney, attach a copy

Completing the Statutory Declaration (for use with Guardianship and Management of Property Applications) Form

To be completed by the proposed guardian/manager (not required where the proposed guardian/manager is the Public Advocate or Public Trustee).

The information in the declaration is required to be provided in writing to the tribunal pursuant to section 10 of the Guardianship and Management of Property Act 1991. The statutory declaration must be witnessed by a person listed in the last page of the form. A person who makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959 (Cth).

Completing the Statement of Property - Statutory Declaration Form (Manager Applications Only)

This form sets out the financial details of the person the subject of a management application. It should be completed by the proposed manager.

The statutory declaration must be witnessed by a person listed in the last page of the form. A person who makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959 (Cth).

BEFORE YOU LODGE YOUR APPLICATION if you have any questions or require assistance please contact the ACAT Registry on 02-6207 1740