Assisting People Who Lack Capacity
There are many people in the community with existing disabilities which mean that they lack capacity to make a Will, Power of Attorney or Enduring Guardianship appointment. However, the person with the disability or their family members, would still like to be able to plan ahead.
Many of these issues arise for parents of adult children with intellectual disabilities. You can refer parents and carers to Ageing, Disability and Home Care (ADHC) for more information about planning for the future care and support of their child. For contact details go to the Ageing, Disability and Home Care website.
There is also a useful guidebook for parents called Planning for the Future that you may find helpful.
When there is a clear need for someone else to assist in making decisions for the person, an application can be made to the Guardianship Tribunal to make a Financial Management Order, or a Guardianship Order. The Guardianship Tribunal can be contacted on (02) 9556 7600, toll free 1800 463 928 or at www.gt.nsw.gov.au.
The Law Society of NSW provides a practical guide for lawyers called When a client’s capacity is in doubt (PDF).