How to apply for a guardianship order in the ACT
Guardianship applications in the ACT are made to the ACT Civil and Administrative Tribunal (ACAT) under the Guardianship and Management of Property Act 1991 (ACT). The tribunal may appoint a guardian for a person who has impaired decision-making ability and needs someone to make personal or lifestyle decisions on their behalf.
The framework
Guardianship orders in the ACT are governed by the Guardianship and Management of Property Act 1991 (ACT) and the ACT Civil and Administrative Tribunal Act 2008 (ACT).
The process
Determine if guardianship is appropriate
Confirm that the person has impaired decision-making ability and that there is no less restrictive option, such as an existing enduring power of attorney.
Gather medical evidence
Obtain medical or psychological reports confirming the person has impaired decision-making capacity.
Complete the ACAT application form
Fill out the Application for Guardianship and/or Management Order form from the ACAT website.
Prepare supporting documents
Collect supporting statements from family, carers, or health professionals about why the order is needed and why you are a suitable guardian.
Lodge the application with ACAT
File the completed application and supporting documents at ACAT. There is no filing fee for guardianship applications.
ACAT notifies relevant parties
ACAT will notify the person, their family members, and any other interested parties about the application and the hearing date.
Consider the Public Trustee and Guardian role
If no suitable private guardian is available, the Public Trustee and Guardian (ACT) may be appointed. Discuss this option if relevant.
Attend the ACAT hearing
Present evidence at the hearing. ACAT will consider the person's wishes, the medical evidence, and the least restrictive option principle.
Receive the tribunal decision
ACAT will make its decision and, if granting the order, specify the guardian's powers, the duration of the order, and any conditions.
Comply with ongoing obligations
The appointed guardian must act in the person's best interests, follow any ACAT conditions, and may need to report to ACAT periodically.
Forms and templates
- Application for Guardianship and/or Management Order
- Medical/Capacity Report Form
Common mistakes
- Not providing sufficient medical evidence of impaired capacity
- Failing to consider less restrictive alternatives first
- Not notifying all relevant family members — ACAT requires this
- Assuming the guardian has unlimited authority — the order specifies powers
- Forgetting ongoing reporting obligations after appointment
Get this process right with Quillio
Quillio helps prepare guardianship applications, supporting statements, and capacity summaries for ACT ACAT proceedings. See /practice-areas/family-lawyers or start a free trial.
This guide is general information about guardianship in the ACT — not legal advice. Consider obtaining advice specific to your matter.
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