What happens if a family member can't make decisions for themselves in Australia?

Common question · Mental Health & Capacity Law · Australia · 23 October 2026

General information from Lawmateanz

If there's no enduring power of attorney or guardian, a state guardianship tribunal, such as NCAT, VCAT or QCAT, can appoint a guardian or financial administrator.

Orders are made only if needed and in the least restrictive way.

The person's views are considered.

Your state's public guardian can help.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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