Guardianship and Financial Management Orders

Guardianship Orders

Guardianship orders can be made by the:

• Guardianship Division of the NSW Civil and Administrative Tribunal
• Mental Health Review Tribunal
• Supreme Court of NSW.

A guardianship order can be made about someone who can’t make decisions for themselves. A guardian can make decisions about:

• where the person should live
• what support services they should use
• what healthcare and medical treatment they should receive
• who can visit them.

A guardian can be a relative, a friend or the NSW Public Trustee and Guardian. More than one person can be appointed as guardian. 

When can Guardianship Orders be made 

The NSW Civil and Administrative Tribunal (NCAT) can appoint a guardian for a person with a decision-making disability by making a guardianship order. 

A tribunal or a court can only make a guardianship order if: 

• the person has a disability, and
• they need a guardian because they can't manage one or more life activities because of that disability.

Just having a disability is not enough for an order to be made.

The disability must restrict one or more life activities in a major way, so that they need support or training to gain the skills necessary to function in the community.

A guardianship order is different to choosing an enduring guardian. A person can only appoint an enduring guardian when they still have mental capacity to decide for themselves.

When the NSW Civil and Administrative Tribunal appoints a guardian for a person, it decides which types of decision the guardian can make for the person with a disability. 

For more information, see Guardianship orders on the NSW Civil and Administrative Tribunal website.

Consent for restrictive practices

A restrictive practice is something that may limit a person’s movement, freedom, or access to things.  

Healthcare providers or aged‑care staff might think about using restrictive practices  to stop someone getting hurt. They are only used as a last resort if nothing else works to keep them or others safe.

It must also be used in the least restrictive way, for the shortest time and only after proper consent is given. 

When the NSW Civil and Administrative Tribunal appoints a guardian for someone, they don’t automatically have the power give consent to approve restrictive practices. The order must specifically include this power.  For more information, see the factsheet Restrictive practices and guardianship on the NSW Civil and Administrative Tribunal website. 

Financial Management Orders

A financial management order allows someone else (a financial manager) to make financial decisions for a person who cannot manage their own money. 

Financial management orders can be made by:

• the NSW Civil and Administrative Tribunal (NCAT) or
• the Mental Health Review Tribunal (MHRT)  

If the MHRT makes the order, it will appoint the NSW Trustee and Guardian as the financial manager. The NSW Trustee and Guardian will manage the person's property, business and financial interests, consulting with that person and where appropriate, their friends, relatives, guardian or care provider.

The NSW Civil and Administrative Tribunal can only make a financial management order if: 

• the person cannot manage their financial affairs
• there is a need for someone else to manage those affairs, and
• it is in their best interest for an order to be made.

A financial management order is different to a Power of Attorney.

A person who has capacity to make their own decisions can appoint a Power of Attorney to make financial decisions for them, but a financial management order can only be made if the person no longer has that capacity.

If a person wants to put in place a power for someone to act on their behalf, this is called a Power of Attorney. For more information, see Powers of Attorney.

When can Financial Management Orders be made

The NSW Civil and Administrative Tribunal can only make a financial management order if it believes:

• the person cannot manage their financial affairs
• there is a need for someone else to manage those affairs, and
• it is in their best interest for an order to be made.

The Mental Health Review Tribunal (MHRT) can only make a financial management order about a person who is currently an inpatient at a mental health facility.  The order can continue to operate if that person is released from hospital at a later date.

The MHRT can vary or revoke a financial management order it has made but it cannot vary or revoke a financial management order made by the Guardianship Division of NCAT or by the Supreme Court.

Changing or revoking an order or instrument

The Mental Health Review Tribunal (MHRT), the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) and the Supreme Court of NSW can review orders and instruments, including changing or revoking (cancelling) them. 

The MHRT can only revoke orders made by itself or a judge. NCAT can review:

• the appointment of an enduring guardian
• guardianship orders
• the appointment of a Power of Attorney
• financial management orders.

If you are the person who the orders have been made about, you can apply to have the orders reviewed.

Anyone who has a genuine concern for the welfare of a person who may not have decision-making capacity can apply to NCAT for a review of the orders. 

For more information, see NCAT Guardianship Division application process.

Last updated: July 2026