Decision
- Who can the Tribunal appoint?
- What is an order?
- What type of decisions can the Tribunal make?
- Will a decision be made at the hearing?
Who can the Tribunal appoint?
The Tribunal can appoint two or more guardians and/or administrators to make decisions for the adult. Before making the appointment, the Tribunal considers "appropriateness considerations" and competence which requires that the person chosen must 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.
What is an order?
A Tribunal order is a written document advising the outcome of a Tribunal hearing. It could be an order for the appointment of a guardian for all or some personal matters or the appointment of an administrator for specific areas, e.g., managing the adult’s investments. Each order is tailored to meet the needs of the adult in the least restrictive way and will state the duration of any appointments made.
What type of decisions can the Tribunal make?
The Guardianship and Administration Act 2000 assumes that 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.
Some of the decisions the Tribunal can make include:
- 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
Will a decision be made at the hearing?
After the Tribunal has examined all documentation and heard from those attending the hearing, the Tribunal Members will leave the room to consider their decision and return shortly to announce their decision. After announcing their decision they will set out the terms of the order. This finalises the hearing.
If the Tribunal needs more time to consider the application, it may reserve its decision and this means parties will receive the Tribunal’s decision by mail.
A written copy of the order will be sent to everyone who received notice of the hearing. The order is usually sent within three days of the hearing being finalised.
Occasionally, the Tribunal will not complete the hearing and adjourn the hearing to a later date so that more information can be gathered or to allow evidence to be heard from parties not present.
Last updated 10/6/2007
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