About Guardianship
Learn more about guardianship in WA.
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- Our Process
- The Law
- Helpful Information
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged robbery in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our estate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
Understand guardianship properly.
Get good advice about power of guardianship to thoroughly understand what it means moving forward.
Lawyers with guardianship experience
Have lawyers with experience in guardianship provide you with sound advice.
- Past Cases
- Good Results
- Happy Clients
Guardianship
The Guardianship and Administration Act 1990 (WA) (‘the Act’) provides for the appointment of guardians to make medical and lifestyle decisions for an individual who is incapable of making such decisions.
The State Administrative Tribunal (‘the SAT’) may appoint a guardian for an individual with a decision-making disability.
A person nominated as guardian: must be at least 18 years old, consent to act as guardian, be prepared to act in the person’s best interests and not be in a position where their own interests conflict (section 44 of the Act).
Enduring Power of Guardianship
In circumstances where an individual possesses capacity, an enduring guardian may be appointed.
An enduring power of Guardianship is a legal document authorising a person of your choice, with the authority to make decisions in regards to personal, lifestyle and treatment decisions on your behalf, in the event that you become incapable of making those decisions.
One of the main benefits of appointing and enduring guardian is that you will determine the scope of the decision-maker’s authority.
Under section 110B of the Act, a person is required to be over the age of 18 and possessing full legal capacity, in order to appoint an enduring guardian. Further under section 110D any individual who is over the age of 18 and possessing full legal capacity may be appointed.
The legal document will not be valid unless, it is in the correct form as specified (Schedule 1 of the Guardianship and Administration Regulations 2005 (WA)), signed by the appointer in the presence of 2 witnesses and signed by the person appointee in the presence of 2 witnesses.
Understand guardianship properly.
Get good advice about power of guardianship to thoroughly understand what it means moving forward.
Lawyers with guardianship experience
Have lawyers with experience in guardianship provide you with sound advice.
- Past Cases
- Good Results
- Happy Clients
Your lawyer can help you
- To understand power of guardianship.
- Explain rights and obligations.
- To appoint someone to make decisions for you.
Who power of guardianship is for
Guardianship
An individual with a decision-making disability may require the appointment of a guardian. A decision-making disability may be the result of the following: an intellectual disability, mental illness, acquired brain injury or dementia.
Enduring Guardianship
The key difference with enduring guardianship is that the appointer still possesses full-legal capacity at the time of appointment. An enduring guardian only exercises their powers in the event that the appointer loses their decision-making ability.
How guardianship works
A guardian has the legal authority to make personal, lifestyle and treatment decisions on behalf of the individual.
The authority of a guardianship order may be a limited order, which applies to a specific area such as medical treatment for example, or a plenary order which applies to all aspects of the individual’s life.
A Plenary guardian has authority in regards to the following: where the represented person lives, with whom they live with, decide whether they should work and the education that the represented shall receive (section 45 of the Act)
A guardian is unable to make decisions with regards to the following: voting on behalf of the person, making or changing a will without an order of the Supreme Court, giving consent to the marriage of the person, consenting to the sterilisation of the person without an order from the SAT (section 63 of the Act).
A guardian is required to act in the best interests of the individual by advocating for them, encouraging and assisting them to care for themselves and make their own decisions, and to protecting them from neglect, abuse and exploitation.
Where a guardian is unsure about what decision to make in the best interest of the individual, they may apply to the SAT for direction as to what decision should be made. (section 47 of the Act)
Common misconceptions
Advanced Health Directive
An Advanced Health Directive (AHD) is a legal document which enables you to make decisions regarding treatment you may want in the event that you become incapable of communicating your wishes.
An AHD only comes in operation where it applies to the treatment required and at the time you were unable to make a reasoned decision.
The key difference between an AHD and enduring power of guardianship is that in the hierarchy of treatment decision-makers, where both are in place, a health professional would be obliged to follow your wishes in the AHD (unless circumstances have changed or could not have been foreseen by the maker).
Enduring Power of Attorney
In contrast to an enduring power of guardianship, an enduring power of attorney is a legal agreement which allows for the appointment of an individual to make financial and property decisions on your behalf.
The key difference here is that an enduring power of attorney does not possess the authority to make decisions regarding personal and lifestyle matters, including treatment decisions.
Understand guardianship properly.
Get good advice about power of guardianship to thoroughly understand what it means moving forward.
Lawyers with guardianship experience
Have lawyers with experience in guardianship provide you with sound advice.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged robbery in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our estate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
Understand guardianship properly.
Get good advice about power of guardianship to thoroughly understand what it means moving forward.
Lawyers with guardianship experience
Have lawyers with experience in guardianship provide you with sound advice.
- Past Cases
- Good Results
- Happy Clients
The Law
Guardianship
The Guardianship and Administration Act 1990 (WA) (‘the Act’) provides for the appointment of guardians to make medical and lifestyle decisions for an individual who is incapable of making such decisions.
The State Administrative Tribunal (‘the SAT’) may appoint a guardian for an individual with a decision-making disability.
A person nominated as guardian: must be at least 18 years old, consent to act as guardian, be prepared to act in the person’s best interests and not be in a position where their own interests conflict (section 44 of the Act).
Enduring Power of Guardianship
In circumstances where an individual possesses capacity, an enduring guardian may be appointed.
An enduring power of Guardianship is a legal document authorising a person of your choice, with the authority to make decisions in regards to personal, lifestyle and treatment decisions on your behalf, in the event that you become incapable of making those decisions.
One of the main benefits of appointing and enduring guardian is that you will determine the scope of the decision-maker’s authority.
Under section 110B of the Act, a person is required to be over the age of 18 and possessing full legal capacity, in order to appoint an enduring guardian. Further under section 110D any individual who is over the age of 18 and possessing full legal capacity may be appointed.
The legal document will not be valid unless, it is in the correct form as specified (Schedule 1 of the Guardianship and Administration Regulations 2005 (WA)), signed by the appointer in the presence of 2 witnesses and signed by the person appointee in the presence of 2 witnesses.
Understand guardianship properly.
Get good advice about power of guardianship to thoroughly understand what it means moving forward.
Lawyers with guardianship experience
Have lawyers with experience in guardianship provide you with sound advice.
- Past Cases
- Good Results
- Happy Clients
Helpful Information
Your lawyer can help you
- To understand power of guardianship.
- Explain rights and obligations.
- To appoint someone to make decisions for you.
Who power of guardianship is for
Guardianship
An individual with a decision-making disability may require the appointment of a guardian. A decision-making disability may be the result of the following: an intellectual disability, mental illness, acquired brain injury or dementia.
Enduring Guardianship
The key difference with enduring guardianship is that the appointer still possesses full-legal capacity at the time of appointment. An enduring guardian only exercises their powers in the event that the appointer loses their decision-making ability.
How guardianship works
A guardian has the legal authority to make personal, lifestyle and treatment decisions on behalf of the individual.
The authority of a guardianship order may be a limited order, which applies to a specific area such as medical treatment for example, or a plenary order which applies to all aspects of the individual’s life.
A Plenary guardian has authority in regards to the following: where the represented person lives, with whom they live with, decide whether they should work and the education that the represented shall receive (section 45 of the Act)
A guardian is unable to make decisions with regards to the following: voting on behalf of the person, making or changing a will without an order of the Supreme Court, giving consent to the marriage of the person, consenting to the sterilisation of the person without an order from the SAT (section 63 of the Act).
A guardian is required to act in the best interests of the individual by advocating for them, encouraging and assisting them to care for themselves and make their own decisions, and to protecting them from neglect, abuse and exploitation.
Where a guardian is unsure about what decision to make in the best interest of the individual, they may apply to the SAT for direction as to what decision should be made. (section 47 of the Act)
Common misconceptions
Advanced Health Directive
An Advanced Health Directive (AHD) is a legal document which enables you to make decisions regarding treatment you may want in the event that you become incapable of communicating your wishes.
An AHD only comes in operation where it applies to the treatment required and at the time you were unable to make a reasoned decision.
The key difference between an AHD and enduring power of guardianship is that in the hierarchy of treatment decision-makers, where both are in place, a health professional would be obliged to follow your wishes in the AHD (unless circumstances have changed or could not have been foreseen by the maker).
Enduring Power of Attorney
In contrast to an enduring power of guardianship, an enduring power of attorney is a legal agreement which allows for the appointment of an individual to make financial and property decisions on your behalf.
The key difference here is that an enduring power of attorney does not possess the authority to make decisions regarding personal and lifestyle matters, including treatment decisions.
Understand guardianship properly.
Get good advice about power of guardianship to thoroughly understand what it means moving forward.
Lawyers with guardianship experience
Have lawyers with experience in guardianship provide you with sound advice.
- Past Cases
- Good Results
- Happy Clients
