What to Do if You Are Concerned About the Conduct of an Administrator or Guardian of a Loved One in Western Australia

When an administrator or guardian is appointed for a loved one due to incapacity, it is with the intention of ensuring their best interests are looked after. However, there may be times when family members or friends become concerned about the conduct of the appointed person, particularly when it comes to managing financial affairs or making health decisions. In such situations, it’s important to act quickly to protect your loved one’s rights and wellbeing.

In Western Australia, the roles of guardians and administrators are governed by the Guardianship and Administration Act 1990 (WA), which aims to ensure that people who are unable to make decisions for themselves due to age, illness, or disability are properly supported.

However, like all legal roles, these positions come with significant responsibilities, and there are legal frameworks in place to address any concerns about misconduct.

What may constitute misconduct by an Administrator or Guardian?

An administrator or guardian may be deemed to have acted improperly if they:

• Mismanage funds: Misuse by an administrator of the person’s financial assets or property for personal gain.
• Failure to act in the best interests of the individual: Making decisions that are not in line with the person’s wishes, needs, or best interests.
• Neglect: Failing to ensure that the person under their care receives adequate medical treatment, social interaction, or proper living conditions.
• Exceeding authority: Making decisions beyond the scope of the powers granted by the State Administrative Tribunal (SAT) or failing to consult the person (where possible) about decisions.
• Conflict of interest: Acting in a way that benefits themselves or someone else at the expense of the person under their care.

Steps to take if you are concerned

If you suspect that an administrator or guardian is not fulfilling their duties appropriately, there are several important steps you can take to protect your loved one:

1. Document your concerns: Keep a detailed record of the issues or misconduct you believe have occurred. This could include notes on financial mismanagement, examples of neglect, or any instances where the administrator or guardian has overstepped their authority. Written evidence can be crucial when addressing the situation.
2. Communicate with the administrator or guardian: If safe and appropriate to do so, try to raise your concerns directly with the administrator or guardian. In some cases, misunderstandings can be resolved through open communication. However, if you feel that the person is not acting in good faith or the situation is serious, it’s important to take further action.
3. Seek legal advice: If the issue remains unresolved, it may be necessary to seek legal advice. We are experienced in guardianship and administration matters and can help you understand your options for challenging the conduct of an administrator or guardian. This may include making an application to the State Administrative Tribunal to review their actions or to have the administrator or guardian removed or replaced.
4. Consider a formal application to the SAT: The State Administrative Tribunal has the power to review the appointment of an administrator or guardian and take corrective action if necessary. This could include appointing a new administrator or guardian, imposing restrictions on the person’s powers, or making other orders to protect the individual’s interests.

At Lewis Kitson Lawyers, we have extensive experience in handling guardianship and administration matters. If you are concerned about the conduct of an administrator or guardian, we can provide:

• Expert legal advice: We can help you understand the legal rights of your loved one and explain the steps available to address concerns about the administrator or guardian’s conduct.
• Assistance with SAT applications: We can assist you in preparing and filing an application to the SAT if you believe the administrator or guardian is not fulfilling their duties properly. Our team can guide you through the process, ensuring that all necessary documentation and evidence is provided and the matter is presented clearly.
• Representation in tribunal hearings: If your matter goes before the SAT, we can represent you at the hearings, advocating on behalf of you and your loved one to ensure their interests are protected.
• Ongoing support: If you require ongoing advice or have additional concerns during the course of the proceedings, we are here to provide guidance and support at every step.

If you are worried about the conduct of an administrator or guardian in Western Australia, don’t wait to take action. Early intervention can make all the difference in ensuring that your loved one’s needs are properly met and their rights are upheld.

If you have concerns about the actions of an administrator or guardian, feel free to contact Lewis Kitson Lawyers today. Our experienced team is ready to assist you in safeguarding the interests of your loved one. Call us at (08) 9364 9555 or email us at reception@lewiskitson.com.au to arrange a consultation.