Guardianship & Administration

Person who lacks capacity has a substitute decision-maker appointed by an authority

Guardianship

Guardianship is where a ‘guardian’ is appointed to act on behalf of an adult individual who lacks capacity to make decisions for themselves. A guardian is authorised to make decisions about lifestyle matters. This can sometimes include medical and health care decisions.

A guardian can be appointed to make such decisions where there is no existing enduring power of guardianship (or equivalent).

Administration

Administration is where an ‘administrator’ is appointed to act on behalf of an adult individual who lacks the capacity to make decisions for themselves. An administrator is authorised to make decisions about legal and financial matters. Administration is sometimes called ‘financial management’.

An administrator can be appointed to make such decisions where there is no existing enduring financial power of attorney (or equivalent).

Further Information

Each state and territory in Australia provides for guardianship and administration in legislation, though the titles and procedures differ for each jurisdiction. Please click on the following links for more information.

 

Related Information

For more information about related areas, please click below: