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What is a Guardianship Order?
A Guardianship Order is a legal arrangement where SACAT appoints a person (the Guardian) to make personal decisions on behalf of someone who has lost capacity.
- These decisions may relate to:
- Where the person lives
- Medical treatment
- Services accessed
- General lifestyle and wellbeing
The person under guardianship is called the protected person.
Who can apply?
Anyone with a genuine interest in the person’s welfare can apply to SACAT, including family, friends, health professionals, social workers, or legal representatives. You do not need to be a lawyer to apply.
When can a Guardianship Order be made?
Under the Guardianship and Administration Act 1993 (SA), SACAT must be satisfied that the proposed protected person has a mental incapacity before making an order. This means they cannot:
- Understand or retain information relevant to a decision
- Use or weigh that information
- Communicate their decision
If a person has legal capacity, SACAT cannot appoint a Guardian.
Does SACAT require medical information?
Yes. The applicant must provide a medical or psychological report detailing:
- The person’s condition (e.g., dementia, brain injury)
- How it affects decision-making
- Relevant assessments or tests
This assists SACAT in determining if the person meets the legal definition of mental incapacity under the Act.
What decisions can a Guardian make?
A Guardian may decide where the person lives, consent to medical or dental treatment, and make lifestyle decisions. Financial matters require a separate administration order.
How to apply
For details on applying for a Guardianship Order go to sacat.sa.gov.au
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