When a person can no longer make certain decisions independently, SACAT may be asked to appoint someone to help. These answers explain how guardianship and administration orders work.
What is SACAT?
SACAT, the South Australian Civil and Administrative Tribunal, is the state tribunal that resolves matters including guardianship and administration applications, having replaced the former Guardianship Board and several other bodies.
What is a guardianship order?
A guardianship order is made by SACAT authorising a guardian to make personal decisions — such as accommodation, health care and lifestyle matters — on behalf of a person who lacks capacity to make those decisions themselves.
What is the difference between a guardian and an administrator?
A guardian is authorised to make personal, lifestyle and health decisions for a protected person. An administrator, by contrast, is authorised to make financial and legal decisions. The two roles can be held by the same person or by different people, and they must cooperate where both are appointed.
What does SACAT consider before making a guardianship order?
SACAT must be satisfied the person has a mental incapacity and that an order is genuinely needed, taking into account the person's past and present wishes so far as these can be determined, and whether existing informal arrangements are already adequate.
Can SACAT appoint a guardian for a child?
No. SACAT does not appoint guardians for children under 18; parental responsibility and related arrangements for minors fall under different legal frameworks.
What is a full guardianship order compared to a limited order?
A full order authorises a guardian to make decisions across most areas of a protected person's life, including accommodation, health and lifestyle. A limited order restricts the guardian's authority to specific nominated areas only, reflecting the least restrictive option appropriate to the person's needs.
How often are guardianship orders reviewed?
SACAT must automatically review guardianship orders at intervals of no more than three years, and an application can also be made at any time to change or cancel an order where circumstances change.
Can more than one person act as guardian or administrator?
Yes, SACAT can appoint joint or successive guardians or administrators, and can specify how they are to make decisions together, including whether they must act jointly or may act severally.
Who can apply to SACAT for a guardianship or administration order?
Applications are typically made by family members, close friends, or professionals involved in the person's care, though anyone with a genuine interest in the person's welfare may apply.
What evidence does SACAT require to support a guardianship application?
Applications are generally supported by a medical and psychological report completed by a treating doctor or psychologist, addressing whether the person has a mental incapacity as defined under the relevant legislation.
Can a guardianship order be limited to specific decisions, such as accommodation only?
Yes. SACAT is required to make the least restrictive order appropriate, and can limit a guardian's authority to specific decisions, such as accommodation alone, leaving the protected person free to make other decisions independently.
What happens if family members disagree about who should be guardian?
SACAT will hear from all interested parties and make a determination based on the best interests and wishes of the person requiring protection, rather than simply according to family preference or seniority.
Can a guardianship or administration order be cancelled if the person recovers capacity?
Yes. An application can be made to SACAT at any time to review, vary or cancel an order where there is evidence of a change in the protected person's circumstances or capacity.