the Public Guardian (in the case of guardianship orders) or the NSW Trustee and Guardian (in the case of financial management orders), or (“NSW Trustee”) anyone who, in the view, a genuine concern for the of Tribunal’s “has welfare” the person who is the subject of the application. The applicant must state why they believe the Tribunal should make the order. A penalty can apply if they make false and misleading statements. The Tribunal conducts a hearing to determine if it should make the order. We consider the procedures in Chapter 8. Tribunal’s Question 3.1: Applying for a guardianship or financial management order What are your views on the process for applying for a guardianship or a financial management order? Limits to guardianship orders and financial management orders The United Nations Convention on the Rights of Persons with Disabilities (“UN Convention”) emphasises that measures relating to legal capacity must be and tailored to the and for the shortest “proportional person’s circumstances” “apply time This reflects the principle of least restriction. According to this possible”. principle, a autonomy should be limited as little as possible. person’s In Question Paper 3, we considered how the authority of guardians and financial managers can be limited. In this section, we consider other options for ensuring that guardianship orders and financial management orders respect the principle of least restriction. Time limits Guardianship orders Guardianship orders are time limited in NSW. The time limits vary depending upon whether the Tribunal makes a or a order. “temporary” “continuing” A temporary guardianship order can be in force for no longer than 30 days initially. The Tribunal can renew a temporary order once for up to 30 days. In its preliminary submission, the Mental Health Coordinating Council suggests that the limit on renewals could be reconsidered as people require longer stays in “some hospital”. Continuing guardianship orders are also time limited. A continuing order is initially in force for no longer than one year. The Tribunal can renew a continuing order for up to three years from the renewal date. The Tribunal can make a longer order if satisfied the person has permanent disabilities, is unlikely to capable of managing his or her and “become person”, there is a need for a longer order. If so, the initial order can apply for no more than three years. The Tribunal can renew the order for up to five years from the date it was made originally.
the Public Guardian (in the case of guardianship orders) or the NSW Trustee and Guardian (“NSW Trustee”) (in the case of financial management orders), or anyone who, in the Tribunal’s view, “has a genuine concern for the welfare” of the person who is the subject of the application. The applicant must state why they believe the Tribunal should make the order. A penalty can apply if they make false and misleading statements. The Tribunal conducts a hearing to determine if it should make the order. We consider the Tribunal’s procedures in Chapter 8. Question 3.1: Applying for a guardianship or financial management order What are your views on the process for applying for a guardianship or a financial management order? Limits to guardianship orders and financial management orders The United Nations Convention on the Rights of Persons with Disabilities (“UN Convention”) emphasises that measures relating to legal capacity must be “proportional and tailored to the person’s circumstances” and “apply for the shortest time possible”. This reflects the principle of least restriction. According to this principle, a person’s autonomy should be limited as little as possible. In Question Paper 3, we considered how the authority of guardians and financial managers can be limited. In this section, we consider other options for ensuring that guardianship orders and financial management orders respect the principle of least restriction. Time limits Guardianship orders Guardianship orders are time limited in NSW. The time limits vary depending upon whether the Tribunal makes a “temporary” or a “continuing” order. A temporary guardianship order can be in force for no longer than 30 days initially. The Tribunal can renew a temporary order once for up to 30 days. In its preliminary submission, the Mental Health Coordinating Council suggests that the limit on renewals could be reconsidered as “some people require longer stays in hospital”. Continuing guardianship orders are also time limited. A continuing order is initially in force for no longer than one year. The Tribunal can renew a continuing order for up to three years from the renewal date. The Tribunal can make a longer order if satisfied the person has permanent disabilities, is unlikely to “become capable of managing his or her person”, and there is a need for a longer order. If so, the initial order can apply for no more than three years. The Tribunal can renew the order for up to five years from the date it was made originally.
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