Guardianship and Administration

The State Administrative Tribunal (SAT) determines applications for the appointment of guardians and administrators for adults who are not able to make these decisions for themselves.

The SAT can provide authority to an administrator and guardian for simple decisions and/or complex decision depending on the person’s decision-making ability. A person’s decision-making ability may be impacted because of dementia, Alzheimer’s, mental illness, or a brain injury caused by trauma.

An administrator usually has authority to make decisions about the person’s finances, which may include managing bank accounts, property, investments, and insurance payouts. A guardian usually has authority to make decisions about a person’s lifestyle such as where the person should live, what services they should access and what medical treatments they require.

The SAT will firstly determine if the person has a decision-making disability, usually based on medical reports and sometimes service provider reports. The SAT will then consider who is the most suitable person to be appointed administrator and guardian and what type of decisions the administrator and guardian should make. The SAT’s primary concern must be the best interests of the person and SAT must always take into account the person’s wishes. SAT must always try to make the least restrictive orders possible on the person’s freedom of decisions.

Our lawyers are experienced representing applicants, respondents, and persons subject to the guardianship and administration applications and are experienced dealing with the Office of the Public Advocate and the Public Trustee.