How to Notarise a Guardianship Order in Australia

A guardianship order is made by a tribunal or court, not signed by the people it concerns. So the notary's role is narrow: certifying copies of the order for use overseas. The work is in making sure it is the right order, that it is current, and that it actually gives the power the overseas institution is asking about.

"Guardianship order" can mean two different things, and this page covers both briefly:

• an order appointing a guardian for an adult who has lost capacity, made by a state or territory tribunal or court
• an order about a child, such as a parenting order or a guardianship or care order made by a family or children's court

A notary copies the order; the tribunal makes it

A notary cannot certify that you are someone's guardian, or explain what the order allows you to do. They sight the original order, or the tribunal's or court's certified copy, and certify that the attached copy is true and complete. What the order means is for the order to say, and the foreign institution will read it for itself.

Guardian or financial administrator?

This is the point specific to adult guardianship orders, and it is the most common reason the whole process has to be repeated.

Australian jurisdictions generally distinguish between two kinds of appointment for an adult who has lost capacity:

• a guardian, who makes personal decisions: where the person lives, what health care they receive, who they see
• a financial administrator or manager, who deals with money and property

The names differ between states and territories, and the same person may hold both appointments under separate orders, or only one. An overseas bank asked to release funds or close an account usually needs the financial order. A guardianship order in the personal sense may not give you any authority over money at all, and a foreign bank that reads it carefully will refuse.

Before you pay for notarisation, apostilles and translation, check which order gives the power the institution needs, and send that one.

Read the scope and the dates

Orders are often limited. They may cover only certain decisions, such as accommodation and health but not others, and they may carry conditions. Many orders also have a review date or an end date.

A foreign institution will read the order literally. If it has expired, been reviewed and replaced, or does not mention the decision you want to make, a certified copy will not help. Obtain the current order, and if it has been renewed, the latest version. Ask the tribunal or court for its own certified or sealed copy if you do not hold the original.

Recognition abroad is not automatic

An Australian guardianship or administration order is made under Australian law. Whether it is recognised overseas is a matter for the law of the country concerned. Some institutions accept a certified, apostilled copy. Others, and some courts, require a local process before they will deal with an Australian guardian or administrator. If significant assets or ongoing care are involved, take advice in that country early.

Orders about children

Where the order concerns a child, the overseas request is usually about travel, schooling, medical treatment or a passport. The notary can certify copies of the order and witness any consent letters or declarations you need to sign.

Whether a child may travel or relocate, and whose consent is needed, is governed by the orders and by family law, not by anything the notary does. If there is any doubt, speak to a family lawyer before arranging travel.

Certify the complete order

Orders can contain sensitive personal and medical information, and it is tempting to certify only the first page. Most foreign authorities want the complete order, including any schedule of conditions. Ask the institution before certifying an extract; a partial copy is a common reason for rejection.

At the appointment

The guardian, administrator or parent attends with photo identification and the order. The person the order concerns does not need to attend; the notary is certifying a document, not assessing anyone's capacity.

If you also need to sign forms for the overseas institution on behalf of the person under the order, bring them. The notary will witness your signature and can record the capacity in which you sign, which is why the order should be at hand.

Apostille or legalisation

The notarial certificate goes to DFAT: an apostille for a Hague Apostille Convention country, or authentication then embassy legalisation for other countries. No notary can issue an apostille.

What it costs

Notarial fees are not fixed by statute and vary between practitioners. As a market estimate only:

• certified copy of the order: roughly $80–$150
• each additional document or copy at the same appointment: roughly $20–$50
• each form you sign before the notary: usually a separate fee

What drives the cost up for a guardianship order: needing both the guardianship and the administration order, long orders with schedules or written reasons, translation charged per page, several institutions each wanting their own set, and repeating the chain because the wrong order or an expired one was sent first. DFAT and embassy fees are separate and charged per document.

Frequently asked questions

Can a Justice of the Peace certify the order instead? For use in Australia, often yes. For use overseas, no. A JP's certification is not recognised abroad and cannot be apostilled.

The order is being reviewed. Should I wait? If the review may change the order, usually yes. A certified copy of an order that is about to be replaced may be rejected, and you will pay for the chain twice.

Can an Australian enduring guardianship appointment be used instead of an order? They are different instruments. An appointment is made by the person while they have capacity; an order is made by a tribunal or court. Which one exists, and what it covers, determines what you can show.