Capacity and the Public Guardian
The Guardianship Division of NSW Civil and Administrative Tribunal may appoint a private guardian or the Public Guardian to be the substitute decision maker for a person who lacks capacity.
The Public Guardian promotes a 'decision-specific approach' to decision-making and capacity. If the Public Guardian considers, based on the evidence available, that a person under guardianship is able to make a particular decision, the Public Guardian will support the person's decision. Where appropriate the Public Guardian may also advocate for a formal capacity assessment.