How to Apply for a Guardianship Order in Tasmania Through TASCAT

When a TASCAT Guardianship Order Becomes Necessary

A guardianship order isn't something families seek out voluntarily. It's what happens when someone loses decision-making capacity without having set up an Enduring Power of Attorney or Enduring Guardianship beforehand — and now their family needs legal authority to make decisions on their behalf.

The Tasmanian Civil and Administrative Tribunal (TASCAT) Guardianship Stream handles these applications under the Guardianship and Administration Act 1995. TASCAT can issue two types of orders: a Guardianship Order appointing someone to make personal, lifestyle, and medical decisions, and an Administration Order appointing someone to manage financial affairs. Many families need both.

The process is more involved than most people expect, and it's significantly more stressful than having planned ahead with an enduring appointment. But when there's no valid EPOA or Enduring Guardianship in place and a family member needs someone to step in, TASCAT is the only path.

Who Can Apply

Any person with a genuine interest in the welfare of the person who's lost capacity can lodge an application. In practice, this is usually an adult child, a spouse, a sibling, or another close relative. It can also be a professional carer, a social worker, or even the Public Guardian's office if they've become involved.

The person who's lost capacity is referred to as the "represented person" throughout the process. They retain legal rights within the proceedings — TASCAT must consider their wishes, and they're entitled to attend the hearing and be represented by a lawyer.

Step-by-Step Application Process

Step 1: Obtain a Health Practitioner Report. Before lodging anything with TASCAT, you need a medical report confirming the represented person's cognitive impairment. This should come from a medical practitioner — a GP can do it, but a geriatrician, psychiatrist, or neuropsychologist carries more weight. The report must specifically address the person's ability to make decisions about their financial affairs and/or personal care. A general diagnosis of "dementia" isn't enough; the report needs to connect the condition to impaired decision-making capacity.

Step 2: Complete the TASCAT application forms. Download the relevant application forms from the TASCAT website or collect them from a Service Tasmania shopfront. You'll need to identify the represented person, explain why you're seeking the order, describe their current living situation, and nominate who you believe should be appointed as guardian and/or administrator.

Step 3: Lodge the application. Submit the completed forms and the health practitioner report to the TASCAT Protective Division Registry at 38 Barrack Street, Hobart, TAS 7000. You can also lodge at a Service Tasmania outlet. There is no filing fee for guardianship and administration applications — TASCAT does not charge to process these.

Step 4: Serve formal notices. After lodging, you must serve a copy of the application on the represented person and their close family members. TASCAT has specific rules about who must be notified — typically the spouse, children, and primary carers. This requirement exists so that anyone with an interest in the represented person's welfare can participate in the hearing.

Step 5: Attend the TASCAT hearing. TASCAT will schedule a hearing. Hearings are often held by teleconference or in Hobart or Launceston. The represented person has the right to attend, and TASCAT actively tries to include them where possible.

During the hearing, TASCAT considers the medical evidence, the family's submissions, and any objections. They assess whether an order is actually needed (if the person can still make decisions with support, an order may be refused) and who is the most appropriate person to appoint.

Step 6: Receive and act on the order. If TASCAT grants the order, it specifies exactly what powers the appointed guardian or administrator has, any conditions or limitations, and how long the order lasts (orders are typically reviewed every 3 to 5 years). The appointed person must then present the order to banks, healthcare providers, and other institutions to exercise their authority.

What TASCAT Considers

Since the September 2024 amendments to the Guardianship and Administration Act 1995, TASCAT operates under a "supported decision-making" framework rather than the older "best interests" model. This means:

• All adults are presumed to have decision-making capacity unless proven otherwise
• TASCAT must be satisfied that the person genuinely cannot make decisions even with support
• An order is always a last resort — if family members can manage informally or with the person's cooperation, TASCAT may decline to make an order
• Any order must be the least restrictive option that meets the person's needs

TASCAT also considers whether there's a suitable person available to be appointed. If family members are in conflict, if there's a risk of financial abuse, or if no appropriate private individual is available, TASCAT can appoint the Public Guardian (for personal/medical decisions) or the Public Trustee (for financial affairs) as a last resort.

Costs and Ongoing Obligations

The TASCAT application itself is free, which is one small mercy in an otherwise demanding process. But the obligations that come with an order are substantial:

Annual reporting. Administrators must lodge annual financial statements with TASCAT's compliance officer, accounting for all transactions on the represented person's behalf. For estates valued at $50,000 or more, there's an annual examination fee of $231.28 (FY 2026–2027).

Record-keeping under Section 27A. The September 2024 amendments introduced a statutory requirement for guardians and administrators to keep detailed records of all decisions made and the reasoning behind them. Non-compliance can lead to the order being reviewed or revoked.

Review hearings. TASCAT orders can be reviewed, and any interested party can apply for a review at any time if circumstances change. The appointed person must attend review hearings and demonstrate they've been exercising their powers appropriately.

If the Public Trustee is appointed as administrator, their ongoing fee schedule applies: up to 4.5% capital commission on assets, 6.6% on income received, and monthly account-keeping fees. For large estates, these commissions can amount to thousands of dollars annually.

How a TASCAT Order Differs from a Voluntary Appointment

The fundamental difference: a TASCAT order is imposed by the tribunal after capacity is already lost, while an Enduring Power of Attorney or Enduring Guardianship is set up voluntarily by the person themselves while they still have capacity.

This matters practically in several ways. A TASCAT order limits the appointee's powers to whatever the tribunal specifies — no more. An EPOA can grant broad financial authority or restrict it to specific tasks, at the donor's discretion. A TASCAT order comes with mandatory reporting obligations and periodic reviews. A voluntary EPOA doesn't (though attorneys still have fiduciary duties). And a TASCAT order requires an application and hearing, while a registered EPOA can be used according to its terms.

The emotional cost is harder to quantify. TASCAT hearings can surface family tensions, and the represented person may experience the process as a loss of autonomy. A voluntary EPOA, signed while the person is well, preserves their dignity and lets them choose their own representative on their own terms.

Avoiding the TASCAT Process Entirely

The entire TASCAT guardianship application — the medical reports, the hearing, the ongoing reporting — can be avoided by setting up an Enduring Power of Attorney and Enduring Guardianship while the person still has capacity. The Tasmania Power of Attorney Kit covers the full dual-track process: selecting the right EPOA form (Form 3 or Form 4), appointing an enduring guardian, arranging witnessing, registering with both the Land Titles Office and TASCAT, and ensuring banks accept the documents. If your family is in the position where planning is still possible, it's dramatically simpler than the alternative.

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