What can I do if I am unhappy with the decision about my capacity?

• Help is available if you are unhappy with a decision that has been made about your legal capacity to make a decision or a decision made in your best interests by your substitute decision maker.
• There is a guardianship tribunal in each state and territory. They are guided at a Commonwealth level by the Australian Guardianship and Administration Council: http://www.agac.org.au/.
• The organisations that may be able to help you are:
  •  in NSW:
    • the Office of the Public Guardian: http://www.publicguardian.justice.nsw.gov.au/publicguardian/pg_index.html;
    • the Guardianship Division of the NSW Civil and Administrative Tribunal: http://www.ncat.nsw.gov.au/ncat/guardianship.html; and
    • the NSW Trustee and Guardian: http://www.tag.nsw.gov.au/.
  • in the ACT:
    • the Public Advocate: http://www.publicadvocate.act.gov.au/;
    • the Guardianship & Management of Property Division of the ACT Civil and Administrative Tribunal: http://www.acat.act.gov.au/guardianship/guardianship_management_of_property; and
    • the ACT Public Trustee: http://www.publictrustee.act.gov.au/.
  • in Victoria:
    • the Office of the Public Advocate: http://www.publicadvocate.vic.gov.au/;
    • the Guardianship List of the Victorian Civil and Administrative Tribunal: http://www.vcat.vic.gov.au/adv/disputes/guardians-administrators; and
    • the State Trustees Limited: https://www.statetrustees.com.au/.
  • in the Northern Territory:
    • the Executive Office of Adult Guardianship and the Office of the Public Guardian: http://www.health.nt.gov.au/Aged_and_Disability/Adult_Guardianship/;
    • the Office of the Public Trustee: http://www.nt.gov.au/justice/pubtrust/; and
    • the Department of Justice: http://www.nt.gov.au/justice/pubtrust/app/index.shtml.
  • in South Australia:
    • the Guardianship Board: http://www.guardianshipboard.sa.gov.au/;
    • the Office of the Public Advocate: http://www.opa.sa.gov.au/; and
    • the Public Trustee: http://www.publictrustee.sa.gov.au/.
  • in Queensland:
    • the Office of the Adult Guardian: http://www.justice.qld.gov.au/justice-services/guardianship;
    • the Public Advocate: http://www.justice.qld.gov.au/justice-services/guardianship/public-advocate;
    • the Guardianship for Adults division of the Queensland Civil and Administrative Tribunal: http://www.qcat.qld.gov.au/matter-types/guardianship-for-adults-matters; and
    • the Public Trustee: http://www.pt.qld.gov.au/.
  • in Tasmania:
    • the Office of the Public Guardian: http://www.publicguardian.tas.gov.au/;
    • the Guardianship and Administration Board: http://www.guardianship.tas.gov.au/; and
    • the Public Trustee: http://publictrustee.tas.gov.au/.
  • in Western Australia:
    • the Office of the Public Advocate: http://www.publicadvocate.wa.gov.au/;
    • Law Compass – Becoming a guardian or administrator: http://www.dotag.wa.gov.au/B/becoming_a_guardian_or_administrator.aspx;
    • the Guardianship and Administration of the State Administrative Tribunal: http://www.sat.justice.wa.gov.au/G/guardianship_and_administration.aspx; and
    • the Public Trustee: https://www.publictrustee.wa.gov.au/.
• You can find out more about the powers and procedures of the tribunals in our topic on Tribunals & Public Sector Appeals.
• Alternatively you can speak with a lawyer who can explain your rights and protect them against anyone who does not have your best interests at heart.