The Guardianship and Administration Act 1990 was enacted to protect adult individuals who are incapable of making decisions for themselves in relation to their living arrangements as well as their financial arrangements. These people require support and assistance to ensure that their quality of life is maintained and also to protect them financially.
The State Administrative Tribunal (SAT) has the jurisdiction in Western Australia to make orders about Guardianship and Administration matters.
There are two types of orders that the SAT can make:
Guardianship Order – The SAT may appoint a guardian who is a person who has been given the legal power to make important decisions on behalf of another adult – such as where that person should live, or what care and services the person should have.
Administration Order – The SAT may appoint an administrator who will act as a financial manager of a person’s finances and property and who has the legal authority to manage some, or all of the financial and legal affairs of an incapable person.
In making a decision whether to make such orders the SAT must be satisfied that:
For a Guardianship Order – the proposed represented individual is unable to look after their own health and safety or make reasonable judgments about their person or is in need of oversight, care and control in the interests if their own health and safety or for the protection of others.
For an Administration Order – the proposed represented individual is unable, by reason of mental disability, to make reasonable judgments in respect to matters relating to all or part of their estate.
Generally, the standard of proof required to satisfy the SAT to make these orders is much higher in Guardianship matters than in Administration matters. The reason for this is because a Guardianship Order can impose more significantly on a person’s day to day life and their living arrangements.
At all times, the SAT will consider what is in the best interests of the proposed represented person.
The SAT usually relies heavily on medical evidence and will always consider whether there is a less stringent option available before making any Guardianship or Administration Orders.
If you have a loved one suffering from any form of a mental disability, who is no longer capable of making reasonable decisions about their finances or well-being, please contact Havilah Legal for advice on how to put in place the necessary protections. We are also highly experienced in providing advice on a wide range of other Family Law matters.
