Who can be appointed as a guardian?
In appointments made by the Guardianship Tribunal a guardian can be a private person, that is a family member, friend or unpaid carer of the person with a disability. This person must be 18 years and over. In these kinds of appointments the Guardianship Tribunal will always try and appoint a private person.
If there is no private person available or willing to act as guardian, or where there is conflict about legal decisions relating to the person under guardianship, then the tribunal will appoint the
Public Guardian. The Public Guardian is only appointed as the 'guardian of last resort'.
The Public Guardian may also be appointed jointly with a private guardian but only with different functions (decision-making areas).
A guardian can also be appointed by a legal process known as enduring guardianship. An enduring guardianship appointment is a legal document where you nominate someone to make health and welfare decisions for you, for example where you live and the health care you receive.
For more information visit the
enduring guardianship page on this website or refer to our publication,
'Enduring Guardianship in NSW; your way to plan ahead'.