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What type of decisions can the Tribunal make?
The Guardianship and Administration Act 2000 assumesthat every person can make his or her own decisions. Before the Tribunal can appoint a guardian or administrator there must be sufficient evidence that the adult has impaired decision-making capacity, that there is a need for a decision and that without the appointment of a decision maker, the adult’s needs will not be adequately met or the adult’s interests will not be adequately protected.
The Tribunal can decide a range of matters including:
- making a declaration of an adult’s decision-making capacity for some or all matters
- that the informal arrangements in place are adequate to protect the adult
- appointing an administrator to make some or all financial decisions for an adult with impaired decision-making capacity and how long the appointment will last
- appointing a guardian to make some or all personal and health care decisions for an adult with impaired decision-making capacity and how long the appointment will last
- appointing a guardian for an adult with an intellectual or cognitive disability to make certain decisions about restrictive practices. Fact Sheet 8 has more information about restrictive practices
- approving the use of containment and seclusion for an adult with an intellectual or cognitive disability when accompanied by a strategy of positive behaviour support planning. Fact Sheet 8 has more information about restrictive practices
- consenting to special health care for the adult. Fact Sheet 5 has more information about special health care
- making an interim order to deal with an urgent situation. Fact Sheet 7 has more information about interim orders
- making a declaration about the validity and/or scope of an enduring document such as an Enduring Power of Attorney.
The Tribunal may set limits on the types of decisions that a guardian or administrator can make. This means that sometimes guardians and administrators may only be appointed for specific decisions rather than for all decisions.
If a guardian and/or administrator is appointed, the order is the formal authority to act as the substitute decision maker and must be shown to the relevant authorities when a decision needs to be made.
The decision made by the Tribunal is recorded as a written order and each order is tailored to meet the needs of the adult in the least restrictive way.
For further infromation, refer to Fact Sheet 7 - "Interim Orders for Guardianship and Administration".
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