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Who can the Tribunal appoint?
A guardian is someone appointed by the Tribunal to make decisions about personal matters such as medical treatment, accommodation and support services. An administrator is someone appointed by the Tribunal to manage the financial affairs of an adult.
The Tribunal can appoint two or more guardians and/or administrators to make decisions for the adult.
Appointees must be over 18 years of age and not a paid carer. (A paid carer performs services for the adult’s care and receives remuneration other than a carer payment or benefit from the Commonwealth or State Government).
Before making the appointment, the Tribunal considers "appropriateness considerations" and competence as stated in the Act. These considerations require that the person chosen for appointment as a guardian or administrator be someone:
- who respects the decision-making principles specified in the Act which state that the adult must be given every opportunity to make decisions to the full extent of their capacity
- whose interests are unlikely to conflict with those of the adult
- whose outlook, cultural background and method of communication are compatible with those of the adult
- who is similarly compatible with anyone else appointed on the adult's behalf
- who is available to act on behalf of the adult and accessible to the adult
- who has the competence to carry out the functions and exercise the powers of a guardian and/or administrator and
- who is willing to act in accordance with the duties of a guardian and/or administrator as set out in the Act.
Any criminal history may weigh against the proposed appointee, as will any refusal of, or removal from appointment as a guardian, administrator, attorney or other person making a decision for someone else.
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