If you wish to apply to NCAT, you must complete a Financial Management Application or a NSW Guardianship Application, which can be accessed on the NCAT website.
The form should be accompanied by the relevant evidence to support the spplicstion. The evidence required includes details of the principal’s decision-making impairment. A doctor, social worker, nurse, carer, lawyer, or an accountant can provide a report, statutory declaration, or letter setting out their observations.
If the person can comfortably write, a statement from the individual regarding their inability to make choices on their own and their feelings about having a financial manager or guardian can assist. If they cannot, they will have the opportunity to speak to the NCAT Member before a decision is made.
Family members or friends who wish to provide their views and what they have observed can be asked to provide statements. The potential financial manager or guardian should also write a statement of their own setting out why they think an order should be made and why they are suitable to be appointed.
Details regarding the principal’s income, expenses, liabilities and assets, should be provided including bank statements and mortgage statements when available. A copy of any powers of attorney or other relevant orders about the principal should also be included with the application. Any relevant medical reports from doctors or specialists should be provided.
The completed form must be submitted to NCAT by mailing it, delivering it in person, or emailing it together with supporting evidence. A copy of the application and supporting documentation must also be sent or delivered to NSW Trustee and Guardian, the principal, their spouse and/or their carer, and any current attorney/guardian.
At the hearing, NCAT will hear from the person who filed the application, the person who is the subject of the case, and any other individuals who have submitted statements or reports. The potential financial manager or guardian and family members of the individual may also be contacted.
During the hearing, NCAT may ask questions of any person at the hearing to assist them in making a judgment. At the conclusion of the hearing, the NCAT Member will usually inform you of the decision. The conclusion might be to appoint a financial manager or decline the application. NCAT will also determine the duration of the financial management order, which can be temporary or permanent. You can appeal to the NCAT Appeal Panel or the Supreme Court of NSW if you disagree with the decisions made.
