The Guardianship and Administration Act 1990 provides for the appointment of guardians to safeguard the best interests of adults with decision-making disabilities. These disabilities may be as a result of:
The legislation gives the State Administrative Tribunal legal powers to appoint guardians. It also gives adults with full legal capacity the power to appoint enduring guardians.
For more information on enduring guardians, see the Enduring Power of Guardianship page.
A person with a decision-making disability may require a guardian when personal, lifestyle and treatment decisions need to be made in their best interests.
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 and to ensure informed decisions are made in their best interests.
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. In the absence of these, 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 is:
The appointment of a guardian is not necessary when informal arrangements can ensure the best interests of the person with a decision-making disability are being met. For example, appointment of a substitute decision-maker is not needed when:
For information on volunteering as a community guardian see the Community guardianship page.
Last updated: 9-Jun-2015
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