The Public Guardian is my guardian

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 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.

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Video transcript

The Public Guardian

This is NSW Trustee and Guardian, a government agency working to protect, promote and support the rights, dignity, choices and wishes of the people of NSW.

 

The Public Guardian is a division of NSW Trustee and Guardian working to promote the rights and interests  of people with disability through the practice  of guardianship, advocacy, and education, and can be appointed by a court or tribunal to make health and lifestyle decisions for people  who are unable to on their own or with support.

 

Guardians look after their customers’ welfare and interests by: making decisions such as where they live, what services they receive, and what medical and dental treatment and health care they receive.

 

Guardians make decisions by working with  the customer, family, support people, professionals and service providers. Where possible, Guardians will attempt to  make the decision the person wants but we must  prioritise the person’s welfare and interests.

 

Guided by the principles of the Guardianship Act 1987, our customers’ needs, welfare, will and  preferences are at the centre of our philosophy,  decisions making, operations and ideas. 

 

Find out more about guardianship and NSW Trustee and 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.

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.

Request a review of a Public Guardian decision

If you disagree with a decision made by the Public Guardian, you can request a review of the decision.