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Guardianship

The Guardianship and Administration Act 1990 gives the State Administrative Tribunal legal powers to appoint guardians to safeguard the best interests of people with decision-making disabilities. These disabilities may include:

• intellectual disability
• mental illness
• acquired brain injury
• dementia.

A person with a decision-making disability may require a guardian when personal, medical and lifestyle decisions need to be made in their best interests. This may include consent to medical treatment or a change of accommodation.

The legislation seeks to balance the rights of individuals to make decisions for themselves with the need to legally protect people from abuse and exploitation.

The appointment of a guardian is a legal way of giving a responsible person authority to make decisions on behalf of the person they represent.

A guardian may be a close friend or family member of the represented person or, when there is no other suitable option available, the Public Advocate may be appointed by the Tribunal. A guardian from the Office of the Public Advocate will then work with the represented person.

Guardianship may be considered as an option when there are:

• legal problems that are interfering with or restricting necessary decisions being made in the person's best interests
• unresolved conflicts between family members and/or primary care providers about the person's best interests
• risks that the person may be subject to neglect, exploitation or abuse.

The appointment of a guardian is not necessary when informal arrangements can ensure the best interests of the person with a decision-making disability. For example, appointment of a substitute decision maker is not needed when:

• a person with a decision-making disability is able to manage and maintain a reasonable quality of life for themselves
• the person is being adequately supported and cared for by others
• there are no personal or family conflicts about the person's care and support needs
• there are no major problems or issues that are posing an immediate or imminent threat to the person's quality of life.

Community Guardianship Program

For information on volunteering as a community guardian visit the Community guardianship page.

Last Updated: 13-Mar-2009

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