GAAT's role
The Tribunal’s main job is to determine whether or not an adult has impaired decision-making capacity and, if necessary, make an order appointing a guardian and/or an administrator. The powers of guardians and administrators are similar to those of attorneys acting under an Enduring Power of Attorney. The main differences are that a guardian and an administrator are chosen by the Tribunal rather than by the adult and an administrator is required to to submit annual accounts whereas an attorney is not. If you want to make formal arrangements to act as someone’s guardian and/or administrator, it is the Tribunal that you apply to via the Registry.
It is not the role of the Tribunal to make the decisions for an adult. Rather it appoints decision-makers to act on behalf of the adult.
Appointments made by the Tribunal can only be made for adults over the age of 18 years. However, the Tribunal can make advance appointments for children aged 17 and a half or older to take effect when they turn 18 years of age.
We can:
- provide you with an application kit which includes all documentation to help you make an application to the Tribunal
- give directions and advice to guardians and administrators (for example, directions may be given in order to resolve a disagreement between joint guardians or administrators)
- monitor, review and amend orders
- ratify and approve decisions by informal decision-makers, that is, people who have not been formally appointed by the Tribunal as a person’s guardian or administrator
- make declarations about the decision-making capacity of an adult, guardians, administrators and attorneys (people given enduring power of attorney or statutory health attorneys)
- give consent for certain medical procedures (known as special health care).
We can't:
- make appointments for adults who have decision-making capacity
- act as the adult’s decision-maker
- suspend the power of attorneys acting under Powers of Attorney
- investigate allegations of neglect, exploitation or abuse against the adult by his/her guardian, attorney, administrator or others acting under informal decision-making arrangements.
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