Alternative arrangements
Most adults with impaired decision-making capacity do not need a guardian or administrator appointed because their family, friends and support network help them deal with important choices, such as where they live or how to arrange their financial affairs. Therefore, an application to the Tribunal is not needed.
The Tribunal will only appoint a guardian and/or administrator when there is no other way to ensure that the adult’s interests are protected and that his/her needs are met.
Enduring Power of Attorney
One way of legally authorising other people to make decisions on your behalf is to execute an Enduring Power of Attorney. An Enduring Power of Attorney does not lapse when you lose decision-making capacity but has effect until your death. To make an Enduring Power of Attorney you must have capacity to make personal and financial decisions. Click here for further information about Enduring Powers of Attorney.
Statutory Health Attorney
Sometimes health care decisions need to be made for adults with impaired decision-making capacity. The Powers of Attorney Act 1998 established the role of the Statutory Health Attorney who can make decisions about a health matter for an adult with impaired decision-making capacity.
There are no formal appointment processes involved. A person acts in this role when the need arises because of their relationship with the adult. The Adult Guardian can also act as a Statutory Health Attorney if there is no one else willing or able to act or if there is conflict between Statutory Health Attorneys.
A Statutory Health Attorney must not act contrary to the health care principle.
A Statutory Health Attorney cannot make special health care decisions.
Click here to view a copy of the Statutory Health Attorney Fact Sheet.
Other languages