As people age, they may need help with their finances, medical care, and everyday decision-making. In some cases, elderly people may be unable to take care of themselves at all. When this happens, guardianship can provide much-needed assistance and protection.
In Western Australia, the Guardianship and Administration Act 1990 sets out the legal framework for guardianship. The Act provides for the appointment of a guardian to make decisions on behalf of a person who is unable to make decisions for themselves.
A guardian can be appointed by the State Administrative Tribunal of Western Australia. The guardian must act in the best interests of the person they are looking after.
The types of decisions that a guardian can make include decisions about:
- where the person will live
- what medical treatment the person will receive
- what education or training the person will receive
- what work the person will do
- what leisure activities the person will take part in.
Additionally, an administrator (which is different to a guardian) can make financial decisions on behalf of the person. This may include deciding how the person's money will be spent, and managing their bank accounts and other assets.
The role of a guardian includes to protect their rights and interests.
Guardianship can be interim or permanent, depending on the needs of the person involved.
If you are concerned about an elderly person who may be unable to take care of themselves, you can apply for a guardianship order. You will need to provide evidence to the court that the person is unable to make decisions for themselves and that they would benefit from having a guardian.
The court will appoint a guardian after considering all of the relevant factors, including the views of the person involved.
If you are concerned about someone who you think may need a guardian, I can help by providing legal advice.
I have considerable experience in applying for and managing guardianship orders, and can help you navigate the process. Please contact me to discuss your situation.