Help For Guardians and Adminstrators

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Help for Guardians, Attorneys and Administrators

Being a first time guardian, enduring guardian, attorney or administrator can be challenging. 

If you have a pre existing personal relationship with the person with the mental incapacity, you do have the advantage of knowing something about their values, lifestyle and previous approaches to life decisions.  However, you also need to have some understanding of your role and responsibilities within the law.

There are a number of sources of assistance which may help you to effectively fulfil your role. 

The Law 

Guardians and enduring guardians are appointed under the provisions of the Guardianship and Administration Act 1993. 

Part 5 of the Act contains Principles to guide decision making and comprehensive outline on the responsibilities of administrators.

Attorneys are appointed under the provisions of the Powers of Attorney and Agency Act 1984 through Enduring Powers of Attorney.

Manuals

Advisory Services 

Legal Services Commission - general advice on the law, including access to a brief consultation with a lawyer 

Public Trustee - clarification of responsibilities of an administrator

Office of the Public Advocate - general advice on the role of guardians and administrators and approaches to particular decisions.

The OPA will sometimes provide advocacy assistance to guaridans who are encountering difficulties with complex situations.

Guardianship Board Advice and Directions

Guardians, enduring guardians and administrators appointed under the provisions of the Act can apply to the South Australian Civil and Administrative Tribunal for advice and direction with respect to their responsibilities and decision making.  Under Section 74 of the Act the Tribunal can provide advice and directions. Note that if the Tribunal does give a direction, this is binding on the guardian or administrator.

Specialist Advice

In complex matters, guardians and administrators may need specialist legal, clinical or service advice in order to fulfil their roles.  One or more of the advisory services may be able to assist you to determine when you will need to take this step.