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Guardians and administrators

Guardians

Guardians are people who manage the daily affairs of an adult who has impaired decision-making capacity. Guardians:

make decisions regarding personal and lifestyle matters such as medical treatment, housing, employment and support services
must be over 18 years of age
must not be a paid carer or health provider
are usually a family member or a friend, or may be appointed by the Guardianship and Administration Tribunal.

Administrators

Administrators are people who manage the financial, legal and property affairs of an adult who has impaired decision-making capacity. Administrators:

must be over 18 years of age
cannot be a paid carer or health provider
are usually a family member or a friend, or the Public Trustee or may be appointed by the Guardianship and Administration Tribunal.

Guardianship and Administration Tribunal

The Guardianship and Administration Tribunal:

makes decisions relating to the personal, health or financial affairs of an adult with impaired decision making capacity
may appoint a guardian/administrator to handle certain decisions (for example lifestyle or medical) or all types of decisions. Clients can have more than one guardian/administrator making decisions on their behalf.

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Formal and informal Guardians or Administrators

People who have an informal or private arrangement in place with the person they are assisting are informal guardians or administrators. The Guardianship and Administration Act 2000 recognises this arrangement.

People appointed by the Tribunal to make decisions on behalf of a person with impaired decision making capacity are formal guardians or administrators. The tribunal makes an order detailing the decision-making powers of the formal guardian or administrator.

Talking to the Department of Communities (Housing and Homelessness Services) as a Guardian or Administrator

If we need to contact a client's guardian or administrator, it is important that we have their contact details and we know what decisions they can make for the client.

Informal Guardians or Administrators must complete an 'Informal decision maker details'; form. We will not contact you about a client's decisions unless this form is completed. The client you are assisting must also sign this form.

Formal Guardians or Administrators must complete a 'Formal guardian and/or administrator details' form. Attach a copy of the Guardianship and Administration Tribunal Order. We will not contact you about a client's decisions unless this form is completed.

Both forms are available on the internet or from your nearest Housing Services office.

Further information

Please contact your nearest Housing Services office.