Prepare a guardianship or administration tribunal application pack
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Under the lawyer's direction, fill in the tribunal's application form and build a chronology of the capacity events and the current support and financial arrangements from the health professional's capacity report, the existing enduring power and the family's account, flagging the tribunal and Act still to confirm and each person who must be given notice. The tool writes no part of the applicant's, a family member's or a carer's evidence in the pack - affidavit, statutory declaration or written statement, however the tribunal titles it: no draft, no scaffold, no suggested paragraphs; it indexes the annexed medical and financial documents and lists the facts still needing a source, and the evidence itself is the lawyer's, taken from the deponent.
- What the lawyer must review
- Confirm the tribunal and the Act that apply where the person lives, that every order sought is one the tribunal can make and is the least restrictive option, and that the health professional's report is current and on the required form. The lawyer drafts the supporting affidavit or statutory declaration from the applicant's own account and the applicant must read and adopt it before it is sworn: read that draft against the report and the chronology,.
- Written for / version
- AU
Open a jurisdiction version of this task to see which instruments apply.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes organising research leads and extracting and organising information. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.
- Verify dates, people and sequence against contemporaneous records. Preserve uncertainty and identify gaps or conflicting accounts.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.