Department of the Attorney General

Department of the Attorney General
Law Compass

Becoming a guardian or administrator

Guardianship and administration enable substitute decision-makers to be legally appointed to make decisions in the best interests of an adult who is not capable of making reasoned decisions for themselves.

Becoming a guardian

A guardian has legal authority to make personal, lifestyle and medical treatment decisions on behalf of a person with a decision-making disability. These decisions often relate to work, living arrangements or medical treatment.

Enduring power of guardianship

An enduring power of guardianship is a legal document in which one person gives another the legal authority to make personal, lifestyle and medical treatment decisions on their behalf. An enduring power of guardianship can only be made by a person while they have the capacity to make decisions.

Who can become a guardian, enduring guardian, administrator or attorney?

A person can appoint an attorney and/or an enduring guardian by completing the Enduring Power of Attorney and Enduring Power of Guardianship forms while they have the capacity to make decisions.

In the event that a person has lost capacity and informal arrangements to make decisions for that person are not working, family or friends may be appointed as the guardian or administrator, by the State Administrative Tribunal. If no one else is available or suitable, the Public Advocate may be appointed as guardian or the Public Trustee as administrator.

Enduring power of attorney

An enduring power of attorney is a legal document in which one person gives another the legal authority to make financial and legal decisions on their behalf. An enduring power of attorney can only be made by a person while they have the capacity to make decisions.

Becoming an administrator

An administrator is appointed by the State Administrative Tribunal to make financial or legal decisions in the best interests of a person who is not capable of making decisions for themselves.

How to apply as a guardian or administrator

Anyone with a proper interest can apply to State Administrative Tribunal for the appointment of a guardian or administrator. If you are unsure if you have a proper interest, or if an application to the Tribunal is needed, you should contact the Office of the Public Advocate's Telephone Advisory Service - 1300 858 455.