Guardianship & administration
Under the Guardianship and Administration Act 1990, the SAT handles all matters that were previously the responsibility of the Guardianship and Administration Board.
- makes orders for the appointment of guardians and administrators of people with what might be generally termed a decision-making disability;
- reviews orders which have been made previously; and
- considers applications for intervention into Enduring Powers of Attorney (EPA) and other applications in respect of EPAs.
What is the purpose of the Guardianship and Administration Act?
The Act recognises that people who are not capable of making reasoned decisions for themselves may need additional support and assistance to ensure their needs are met, their quality of life is maintained and to protect them from the risk of neglect, exploitation and abuse.
The SAT can appoint guardians or administrators to act in the best interests of a person who is in need of a guardian or administrator. This need may arise due to conditions such as dementia, intellectual disability, mental illness or acquired brain injury.
Fees and charges
No SAT fees are charged for guardianship and administration applications.
How does the SAT handle matters?
Guardianship and administration applications are usually heard on the fourth floor of the SAT building in informal hearing rooms. Most applications are heard within eight weeks of SAT receiving the application. How the SAT handles guardianship and administration matters.
Monthly decisions bulletin
In October of 2006 the Tribunal commenced publishing a monthly bulletin with the catchwords and summaries of published decisions relating to guardianship and administration matters. The full text of all decisions published since 1 January 2005 can be found on the Decisions Database of the website (view Decisions Database). Published bulletins are available by selecting HR Decisions Bulletins. If you would like to receive our monthly bulletins by email, please register your interest by subscribing here.
What is guardianship?
Guardianship applies to personal and lifestyle decision-making. A guardian is appointed by the SAT to make personal, medical or lifestyle decisions in the best interests of someone who is not capable of making those decisions themselves. These decisions may be regarding work, living arrangements or medical treatment. See Downloads.
What is administration?
Administration applies to the management of the financial and legal affairs of the person with a disability. An administrator is appointed by the SAT to make financial and legal decisions in the best interests of a person who is not capable of making those decisions for themselves. An administrator may be given authority to decide about matters such as the purchase or sale of assets, payment of debts and investment of money. See Downloads.
Who is the Public Advocate?
The Public Advocate is an independent statutory officer under the Guardianship and Administration Act 1990. The Public Advocate may be appointed guardian and has other functions under the Act including to promote and protect the rights, dignity and autonomy of people with decision-making disabilities and to reduce their risk of neglect, exploitation and abuse. See Downloads.
What is enduring power of attorney?
An enduring power of attorney enables a competent adult to give another person or agency legal authority to make financial and/or property decisions on their behalf, in the event they are unable to make decisions for themselves. See Downloads.
What is the role of the Public Trustee?
The Public Trustee can be involved in two ways:
- by being appointed as administrator by the SAT; or
- by examining the accounts prepared by a person who has been appointed as administrator.
The State Administrative Tribunal can appoint the Public Trustee as administrator of a represented person's financial affairs if there is no family member, friend or other person suitable and willing to take on the role. The Public Trustee does not actively seek to be appointed. If appointed, the Public Trustee is entitled to charge fees.
The Public Trustee is responsible for the examination of annual accounts prepared by other persons who have been appointed as administrator. If the accounts are in order, the Public Trustee will allow them and inform the administrator in writing. If the accounts are disallowed, the Public Trustee will generally report the circumstances to the SAT. The Public Trustee may charge fees for the examination of accounts.
The SAT staff are happy to answer your questions. When you telephone the SAT, ask for a Human Rights service officer.
State Administrative Tribunal
12 St Georges Terrace
Perth WA 6000
GPO Box U1991
Perth WA 6845
Ph: 9219 3111
1300 306 017
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