A guardian is someone who is appointed by the South Australian Civil and Administrative Tribunal (SACAT) to make decisions for someone who is unable to make decisions for themselves.
A guardian is someone appointed by the South Australian Civil and Administrative Tribunal (SACAT) to make decisions for someone who is unable to make decisions for themselves.
This can be a public guardian (someone who works at the Office of the Public Advocate) or a private guardian.
A private guardian is a family member, carer or friend, who is appointed by SACAT to make decisions for a person who is not able to make decisions for themselves.
Someone who works as the person's professional carer or service provider cannot also be their guardian.
SACAT can also appoint more than one guardian.
Joint guardianship means that there is more than one guardian appointed to make decisions for a person.
It also means that decisions must be made together, in agreement with each other.
When guardians are appointed “severally” or “jointly and severally”, this means that the guardians can make decision without needing to agree together.
No. Informal arrangements may be enough to make financial, accommodation and lifestyle decisions.
The Consent Act also allows for a Person Responsible to make health decisions without any formal documentation.
A guardian may be necessary when informal arrangements are not enough. This could be when:
- there is no one to help informally (family or friends)
- informal support/arrangements are not working
- the person does not agree with the informal decisions being made
- there is conflict about decisions or decision-makers.
If your concern is about the Public Advocate, we welcome your feedback. You can make a complaint to our office.
If your concern is about a private guardian, you can make an application to SACAT for an internal review or to change the Guardianship Order.
If you don't think you need a guardian, you can apply to change the Guardianship Order. You would need to provide medical evidence to support this.
A guardian must consider:
- the person’s past and current wishes.
- the adequacy of any existing informal arrangements
A guardian must make the decision that is:
- least restrictive of person’s rights and personal autonomy.
- consistent with the person’s proper care and protection.
When you make an online application to SACAT, you can check the box indicating that your application is urgent.
If there is a serious risk to the person or others, you can contact the OPA for further assistance.