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

If you know the person you are making decisions for, you will probably also know something about their values, lifestyle and the kinds of decisions they have made before.

It is also important to understand your role and responsibilities within the law.

There are a number of resources which may help you to effectively fulfil your decision-making role.

The Law

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

Section 5 of the Act contains Principles to guide guardians in their decision making.

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

Manuals

Now you are a guardian plain language (PDF, 24.5 MB) - This manual is to support private guardians appointed by the South Australian Civil and Administrative Tribunal (SACAT).

Now you are a guardian easy read version (PDF, 12.8 MB) - This information is written in an easy to read way. We use pictures to explain some ideas.

Guide for Financial Administrators - information for private Administrators.

Law Handbook - quick overview of a variety of legal issues.

Advisory services

Our office can provide general information on the role of guardians and administrators.

We will sometimes provide help to private guardians who are having difficulties with complex situations.

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

SACAT advice and directions

Guardians and administrators appointed under the Guardianship and Administration Act 1993 can apply to the South Australian Civil and Administrative Tribunal for advice and direction with regard to their responsibilities and decision making.

Under Section 74 of the Act, the Tribunal can provide advice and directions.

Directions that the Tribunal gives are binding. They must be followed by 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.

Our Information Officer may be able to assist you to determine when you will need to take this step.

Call the OPA on 1800 066 969.