Become a Guardian or Administrator for a Person with Disabilities | Article

The Guardianship and Administration Act 1990 allows the appointment of guardians who can protect the rights and well-being of adults who have difficulties making decisions.

These disabilities may be due to:

The law empowers the State Administrative Tribunal to appoint guardians to represent adults with decision-making disabilities. It also allows adults with full legal capacity to appoint long-term (enduring) guardians.

If you want to learn more about enduring guardians, please visit the “Enduring Power of Guardianship” page on the Office of the Public Advocate website.

Guardians Appointed by the State Administrative Tribunal

A person with a decision-making disability may need a guardian to make personal, lifestyle and treatment decisions that are in their best interests. The law’s aim is to support people to make right decisions for themselves, whilst protecting vulnerable people from abuse and exploitation and ensure that informed decisions are made on their behalf.

A guardian is a responsible person appointed by law to make decisions on behalf of the person they represent. The guardian can be a close friend or a family member.

If no one is available, the Public Advocate may be appointed by the Tribunal to serve as a guardian. They will work with the person they represent.

Guardianship may be considered when:

A guardian is not necessary when the best interests of the person with a decision-making disability can be guaranteed through informal arrangements. For example, a substitute decision-maker is not needed when:

Community Guardianship Program

In Western Australia, most individuals with decision-making disabilities have family or friends who make decisions for them. However, those who do not have anyone suitable to act in their best interests, can be supported by community guardians.

Community guardians are volunteers appointed by the Office of the Public Advocate to act in the best interests of a person in need of a guardian. The program started in 2005 and has made a significant impact on the lives of the most vulnerable people in our society.

Before being matched with a client, community volunteers receive training and ongoing support from the Office of the Public Advocate. Once a good and successful relationship between the client and volunteer has been built, the Public Advocate can apply to the State Administrative Tribunal for the volunteer to become the person’s guardian.

Community guardians are responsible for making informed decisions that relate to agreeing to medical treatment or dental work, improving the person’s lifestyle and well-being and meeting their accommodation and support needs. However, they do not have the authority to control a person’s finances.

Volunteers are encouraged to call the Office of the Public Advocate for additional advice when needed and receive ongoing support through training, social events and a newsletter. The Office continues to offer support to community guardians even after they have been appointed by the Tribunal.

Original source: https://www.wa.gov.au/service/justice/civil-law/become-guardian-or-administrator-person-disabilities