Guardianship and Administration Orders in Western Australia: How Lewis Kitson Lawyers Can Help

When a person loses the capacity to make decisions for themselves due to age, illness, or disability, legal arrangements may be needed to protect their welfare and manage their financial affairs. In Western Australia, Guardianship and Administration Orders are key legal tools designed to appoint a responsible person to make decisions on behalf of someone who is unable to do so.

At Lewis Kitson Lawyers, we provide expert legal advice and representation to guide individuals and families through the complexities of guardianship and administration proceedings. Whether you are seeking to appoint a guardian or administrator, or if you need legal advice and representation regarding an existing order, our experienced wills and estates lawyers are here to assist.

What are guardianship and administration orders?

In Western Australia, the Guardianship and Administration Act 1990 governs the process of appointing guardians and administrators to act on behalf of someone who is unable to make decisions for themselves. These orders are decided upon and issued by the State Administrative Tribunal (SAT) and serve different purposes:

Guardianship order

A guardianship order appoints a person (called a guardian) to make personal, lifestyle, and health decisions for someone who lacks the mental capacity to do so themselves. A guardian may make decisions about where the person lives, the medical treatments they receive, and other important aspects of their personal well-being.

Administration order

An administration order appoints an administrator to manage the financial affairs of someone who cannot make decisions about their money or property due to incapacity. The administrator can take control of bank accounts, investments, and other assets to ensure financial security and proper management.

In some cases, a person may need both a guardian and an administrator if they are unable to make both personal and financial decisions.

How do guardianship and administration orders work?

To obtain a guardianship or administration order in Western Australia, a formal application must be made to the SAT. The process generally includes:

1. Application: An interested party (often a family member or close friend) must prepare and submit an application to SAT, providing evidence of the person’s incapacity and the need for a guardian or administrator.
2. Hearing: SAT will schedule a hearing before a Member of the SAT and the applicant must attend and demonstrate that the person the subject of the application is unable to make decisions for themselves. The Member of the SAT will also consider the proposed guardian or administrator’s suitability for the role.
3. Order: If the Member of the SAT determines that the person lacks capacity and that a guardian or administrator is necessary, an order will be made outlining the powers and responsibilities of the appointed person.
4. Review: Guardianship and administration orders are subject to review, and they can be altered or revoked if circumstances change. The SAT ensures that the order remains appropriate for the person’s evolving needs.

When are guardianship and administration orders needed?

Under the Guardianship and Administration Act 1990, guardianship and administration orders are typically sought in the following situations:

Mental illness or cognitive impairment

Conditions like dementia, acquired brain injuries, or psychiatric disorders can impair a person’s ability to make decisions about their health or finances.

Age-related decline

Elderly individuals may lose capacity due to age-related conditions such as Alzheimer’s disease or other forms of dementia.

Serious injury

In cases of serious accidents or illness (e.g., stroke, head injury), a person may lose the ability to make personal or financial decisions.

How Lewis Kitson Lawyers can help

Navigating the process of applying for a guardianship or administration order can be complex, especially during times of emotional distress.

At Lewis Kitson Lawyers, we offer comprehensive legal support to make this process as smooth as possible. Our experienced team can help you with:

1. Initial consultation and advice: We will explain the guardianship and administration process in clear terms, assess your situation, and advise whether an order is appropriate for your circumstances.
2. Application preparation: We assist in preparing all necessary paperwork and evidence required for the application to SAT, ensuring everything is completed correctly and on time.
3. Representation at SAT hearings: Our lawyers will represent you at the SAT hearing, advocating for the appointment of a suitable guardian or administrator who will act in the represented person’s best interests.
4. Ongoing support and guidance: If you are appointed as a guardian or administrator, we provide guidance on your responsibilities and obligations. We can also assist with reviews of existing orders and provide advice on how to manage the duties involved.
5. Dispute resolution: In some cases, family members or other interested parties may disagree about who should be appointed as a guardian or administrator. Our team can help resolve these disputes through mediation or legal proceedings.
6. Compliance and reporting: Guardians and administrators have specific legal obligations, including the need to complete and submit reports and ensure the person’s best interests are met. We can assist with ensuring compliance and fulfilling these duties.

If you or a loved one is considering a guardianship or administration order, or if you need advice regarding an existing order, contact Lewis Kitson Lawyers today for professional assistance. We’re here to help guide you through the legal process and ensure the best outcome for those you care about.