I am pleased to share a decision published by the State Administrative Tribunal of Western Australia in which I acted for the Subject of the application, "DJJ", who is 94 years of age.
The decision highlights the importance of finding the most suitable and least restrictive means of decision-making for individuals in guardianship and administration matters.
📄 Key takeaways from the decision:
1️⃣ Administration: The Tribunal found that although DJJ was in need of an administrator, a less restrictive means was available for managing her estate. Consequently, the Tribunal chose not to appoint an administrator and instead reinstated the enduring power of attorney (EPA) that had previously been revoked.
2️⃣ Guardianship: The Tribunal determined that DJJ required a guardian and found no less restrictive means available for making decisions on her behalf. CTJ (the Daughter) was deemed suitable and was appointed as DJJ's guardian.
This decision serves as a reminder that each case is unique and requires careful consideration of the Subject's individual needs and circumstances. It also emphasizes the importance of exploring less restrictive options when determining the best course of action for the Subject's well-being.
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