Guardianship and Administration

Contributed by Felicity Child and current to 1 September 2005

The Guardianship and Administration system was established by the Guardianship & Administration Act 1990 (WA). The Act provides for a cost-free and accessible procedure for the appointment of guardians and administrators, where a substitute decision-maker is needed to act for a person with impaired capacity.

The Act has been amended several times, most recently with the passage in November 2004 of the State Administrative Tribunal Act 2004 and the State Administrative Tribunal (Conferral of jurisdiction) Amendment and Repeal Act 2004. These amendments provided for the jurisdiction previously exercised by the Guardianship Board to be incorporated into the newly established State Administrative Tribunal.

This chapter outlines the principles and updated procedures of the legislation, including those in respect of enduring powers of attorney.

Further reference should also be made to DISABILITY AND THE LAW and HEALTH CONSUMERS’ RIGHTS.

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