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Guardianship
Guardianship is the process of making decisions for an adult about their personal or health matters when they cannot do so for themselves.
Adults may have difficulty making a decision due to dementia, intellectual disability, acquired brain injury or damage, mental illness or being unable to communicate, for example, because they are in a coma. This is referred to as having impaired capacity.
Under our laws, an adult needs to be able to make the decision (without inappropriate influence), understand what the decision means and communicate the decision.
Guardianship system
- The Adult Guardian protects the rights and interests of adults with impaired capacity and can investigate claims of exploitation, abuse or neglect. More about the Adult Guardian.
- The Guardianship and Administration Tribunal can appoint guardians and administrators for adults with impaired capacity. More about the tribunal.
- The Community Visitor Program protects the interests of adults with impaired capacity who live in facilities such as hostels and boarding houses. More about the program.
- You can nominate a general or enduring power of attorney to give someone legal power to make decisions on your behalf. More about power of attorney.
- You may have to make decisions about someone else's health care or want to find out who can make decisions for you when you are incapable. More about making health care decisions.
- The Public Advocate identifies widespread situations of abuse, exploitation or neglect of adults with impaired capacity due to problems with the systems or facilities of a service provider. More about the Public Advocate.
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