Public Guardian
The Public Guardian is a public official appointed by the Guardianship Division of the NSW Civil & Administrative Tribunal (NCAT) or Supreme Court of NSW to make healthcare, lifestyle and medical decisions for a person who lacks decision-making ability.
The Public Guardian is the 'guardian of last resort'.
The Public Guardian is part of NSW Trustee & Guardian
The Public Guardian delegates their decision-making authority to a team of guardians who are responsible for making health and lifestyle decisions for people who have the Public Guardian appointed as their guardian.
We also work to help:
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promote the rights and best interests of all people with a disability in NSW
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support private and enduring guardians.
When can the Public Guardian be appointed?
We can be appointed as the guardian for people in NSW aged 16 years and over who may:
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have a decision-making disability such as an age-related condition, intellectual disability, brain injury, or a mental illness
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don’t have a family or friend who can take on the role of guardian
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have experienced abuse, neglect or exploitation
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live a lifestyle that may put them at risk of harm (for example, are homeless, issues with drugs or alcohol).
What does the Public Guardian do as a guardian?
When we are appointed to make decisions in one or more areas of a person’s life on their behalf, we can:
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make specific healthcare, lifestyle and medical decisions, including accommodation and living arrangements
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provide or withhold consent to medical and dental treatment
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advocate for care, services and treatment.
The Public Guardian does not make financial decisions for a person under guardianship
Financial decisions on behalf of another person can only be made by:
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an attorney under the power of a Power of Attorney
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the appointed financial manager who is authorised by a financial management order.