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 NSW Public Guardian is Megan Osborne.
Definitions
- Tribunal
A legal forum to make and review decisions and settle conflicts. Tribunals are like courts but are usually more specialised and less formal.
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.
Definitions
- consent
Permission for something to happen or agreement to do something.
- decision-making disability
A disability that impacts a person’s ability to make decisions, such as dementia, intellectual disability, brain injury, or a mental illness.
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.
Definitions
- financial management order
A legal decision made by a court or tribunal appointing a person or organisation to make legal and financial decisions on behalf of someone who is not able to make such decisions for themselves.