The Public Guardian is my guardian

The NSW Public Guardian can be appointed by a court or tribunal to make healthcare, lifestyle and medical decisions on behalf of someone if they lack decision-making ability and have no Enduring Guardian.

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About the Public Guardian

A person who no longer has decision-making capacity, who did not appoint an Enduring Guardian and has no family member, close friend or unpaid carer available to be the private guardian, will have the Public Guardian appointed by a court or tribunal through a Guardianship Order to make healthcare, lifestyle and medical decisions on their behalf.

The Public Guardian may also be appointed jointly with a private guardian but with different decision-making areas of responsibility.

The Public Guardian is part of NSW Trustee and Guardian. The Acting NSW Public Guardian is Jevan Griffiths.

The Public Guardian is a public official appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) or the Supreme Court of NSW to make healthcare, lifestyle and medical decisions for a person who lacks decision-making ability.

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:

promote the rights and best interests of all people with disability in NSW
support private and enduring guardians.

The Public Guardian
The Public Guardian promotes the rights and interests of people with disability through the practice of guardianship, advocacy, and education.
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The Public Guardian is only appointed as the 'guardian of last resort'. This usually happens when there is no one is available or willing to act as a guardian.

When the Public Guardian can be appointed

We can be appointed as the guardian for people in NSW aged 16 years and over who may:

have a decision-making disability such as an age-related condition, intellectual disability, brain injury, or a mental illness
don't have family or a friend who can take on the role of guardian
have experienced abuse, negect or exploitation
live a lifestyle that may put them at risk of harm (for example, are experiencing homelessness or issues with drugs or alcohol).

Role of the Public Guardian

When we are appointed to make decisions in one or more areas of a person’s life on their behalf, we can:

make specific healthcare, lifestyle and medical decisions, including accommodation and living arrangements
provide or withhold consent to medical and dental treatment
advocate for care, services and treatment.
The Public Guardian does not make financial decisions for a person under guardianship. Financial decisons on behalf of another person can only be made by a power of attorney or the appointed financial manager who is authorised by a financial management order.

How we make decisions

To make a decision we need information about:

you and what is happening in your life
what decisions need to be made for you
the choices available for you and whether the decisions will be a good thing for you.

We will talk to you about:

what is happening in your life
how you feel about guardianship
what you think about the decisions which might need to be made.

Man in an office talking on the phone to a client

How we understand your needs

We'll do this either by visiting you, talking to you on the phone or asking someone else to speak to you.

We'll also ask people who care for you and help you to give us information and to give their opinion on what would be a good decision for you.

It might take a bit of time to get all the information from you and the people in your life. When we have this information and thought about all the choices, we will then make a decision.

We want to make decisions that we think you would make yourself, if you were able to.

When making decisions, it’s important to us that we help you be:

as independent as possible
happy about where you live and have people around you that you like
healthy and get good health and medical care if you need it.

What you say and think is very important to us, even when this is different to what other people might have to say.

The Guardianship Act says that we must listen to what you say and make decisions that will be in your best interests.

You can talk to us if you are worried about what is happening or think there is something we should know.

Submitting a proposal to the Public Guardian - information for family and friends

When the Public Guardian is appointed as the guardian, we make decisions on behalf of the person we represent. A proposal is your recommendation for the decision that needs to be made.

Carers, family and service providers can make recommendations through a proposal. The Public Guardian may request a proposal from you when we are considering what is the best decision for a person we represent. You might also submit a proposal if you feel a new decision needs to be made.

A proposal should focus on the needs, will and preferences of the person it is about. The guardian may talk to the person about the proposal to see what they think. The guardian may also talk to the person’s family, friends, health professionals and support providers.

How to make a proposal

Talk to the guardian first

You should talk to the guardian first before you spend time preparing a proposal. Some decisions may not require a formal proposal and can be supported through informal arrangements between family and friends. Some decisions may not be within the Public Guardian’s authority to make. The guardian can provide specific advice for your situation.

Prepare and submit your proposal in writing

If the guardian asks you to submit a proposal, you should provide it in writing. You can ask the guardian for a standard form to use, or you can provide your written proposal another way. If you can’t put your proposal in writing, contact the guardian and they will work with you on another way to provide the proposal.

A proposal needs to include information to help the guardian understand how it will meet the person’s needs. The guardian will rely on the information you provide, so it’s important to provide a full picture and consider all the person’s needs, what is important to the person and how it will benefit them.

Each person and decision is unique and there may be some additional information the guardian will request depending on the person’s circumstances. If you are unsure about any of these points, contact the guardian. The guardian may also need to seek assessments and reports from health professionals.

What to include in your proposal

How is the proposal in the interests of the person? What benefit will it provide for them?
Have you discussed the proposal with the person? What are their views?
What are the views of other people in the person’s life, including their family and friends, their support services (like a Support Coordinator or case manager), their doctor, specialists, and other health professionals?
How will the proposal meet or compliment the person’s current and ongoing care and support needs?
If the proposal is agreed to, how will it be implemented?
Are there any financial implications of the proposal? If there are, has the proposal been discussed with the person or their financial manager, if they have one? This may be a power of attorney, a private financial manager or NSW Trustee and Guardian.
If the person has funding, such as through the National Disability Insurance Scheme (NDIS), will the proposal be covered by their funding and plan?
Are there any assessments or reports supporting the proposal? This can include, but is not limited to, a general practitioner’s (GP) report, an occupational therapy assessment, an Aged Care Assessment Team report, a risk assessment and a health professional review (psychiatrist, geriatrician, psychologist, behaviour clinician).
What alternative options have been considered and why are these not used?

Submit your proposal

Submit a proposal to the Public Guardian using our online form

The guardian will make a decision

The guardian will review your proposal and let you know if any other information is
needed.

How the decision is made

The Public Guardian must consider the principles of the Guardianship Act 1987 (NSW) when making decisions. The Public Guardian will also consider:

the views of the person we represent
the views and proposals of those who will be affected by the decision including close family members, carers or service providers who provide regular services to the person
reports from health and medical professionals
how the decision will be implemented.

We may not always agree to a proposal. This may be because the proposal is not in the person’s interests, there is no need for a decision to be made, or the Public Guardian does not have authority to make the decision. The Public Guardian will assess the need for a decision over time.

How long it will take

The time it takes to make a decision depends on the complexity of the decision and the amount of information that needs to be gathered to make the decision. You can always ask the guardian for an update.

What happens after a decision is made

When the guardian has made the decision, they will inform you and any other people who are affected, if relevant.

Example: submitting an accommodation proposal

A common type of decision the Public Guardian needs to make is where a person should live.

This is known as an 'accommodation decision'. To make an accommodation decision, the Public Guardian needs:

details about the proposed accommodation, including:
- name, location and contact details
- information about any service providers who will be providing support to the person at the accommodation
- industry accreditation and registration information, if applicable (for example, for an aged care facility, are they accredited? For a disability service provider, are they a registered NDIS provider?)
information such as who the person will be living with, if relevant, and if they will have their own room and access to an outdoor area.
information about the person’s current and ongoing care and support needs, and how these will be met by the proposed accommodation and service provider
information about how the accommodation will support the person to maintain social connections and participate in the community, including:
- how the proposed accommodation will support contact, where relevant, with family and friends
- how the proposed accommodation will support the person’s language, cultural or spiritual needs
- how the proposed accommodation will support the person, where relevant, to go on community outings and access activities they enjoy
- how the person will access transport, where relevant.
information about how the accommodation will be paid for, such as NDIS funding and plan implications, where relevant, and discussions with the person’s financial manager or power of attorney, if they have one.

Request a review of a Public Guardian decision or make a complaint

If you disagree with a decision made by the Public Guardian, you can request a review of the decision. If you're unhappy with our service or staff you can give us feedback or make a complaint.

The request to review the decision needs to be made within 28 days of you being notified of the decision or the receipt of the reasons for the decision.

Your written request should include your reasons for why you disagree with the decision and send to the Public Guardian Complaints Support Officer:

Mail: Locked Bag 5115, Parramatta NSW 2123

Email: pg.engagement@opg.nsw.gov.au

If you're unable to do this, call the the Public Guardian Complaints Support Officer on 1300 361 389 who will help you submit your review of decision request.

We'll review and respond within 21 days of receiving your request.