Guardianship
Enduring Guardian
You can appoint someone you trust in advance to make accommodation, health and lifestyle choices for you in case you are ever mentally incapacitated. An Enduring Power of Guardianship enables lifestyle, accommodation and medical decisions to be made for you by the person you have chosen as your guardian when you are unable to make these decisions yourself. For more information visit www.opa.sa.gov.au/cgi-bin/wf.pl.
Power of Attorney
You can appoint someone you trust in advance to manage your financial affairs for you when you cannot because of age, illness, disability or absence. You can appoint any adult who has capacity. It makes good sense to plan ahead and choose the person you would want as your attorney. Note: An Enduring Power of Attorney appoints someone you trust even if you lose mental capacity. For more information visit the Power of Attorney section on the Public Trustee website www.publictrustee.sa.gov.au.
The Guardianship Board
The Guardianship Board is a court-like tribunal that has the power to make important decisions affecting the lives and property of people over whom it has jurisdiction as set out in the Guardianship and Administration Act and the Mental Health Act.
Guardianship provides a person 'the guardian' with the legal right to make personal and medical decisions for somebody else. The Guardianship Board may place a person under the guardianship of another person, or persons, that it considers suitable for this role. Unless the appointment is limited to specific areas, the guardian of a person with a mental incapacity has the right to make all major decisions relating to that person's care and welfare, including health care decisions. The Guardianship Board can also appoint an administrator to look after the person's finances.
For more information visit www.guardianshipboard.sa.gov.au.
Guardian of Last Resort
Where a guardian is needed and there is no other appropriate person appointed, the Guardianship Board can appoint the Public Advocate. This means the Public Advocate can then make certain life decisions for the person with a mental incapacity.
For more information visit www.opa.sa.gov.au/cgi-bin/wf.pl.
Making a Will
Everyone should have a will that accurately reflects his or her wishes. A poorly prepared will can be as bad as having no will at all and can lead to legal challenges, long delays and the possibility that your assets will not be distributed as you had intended. The Public Trustee provides comprehensive advice on will making and can assist you to prepare your will if you wish.
For more information visit www.publictrustee.sa.gov.au.
Financial Administration
The Public Trustee can assume special responsibilities for people who are unable to handle their own financial or legal affairs. The Public Trustee also provides a range of other financial and legal services for clients.
For more information visit www.publictrustee.sa.gov.au.
South Australian Guardian for Children and Young People
The Guardian for Children and Young People (GCYP) is appointed by the SA Government to advocate for the best interests of children and young people in out of home care and to advise the Minister for Families and Communities on the quality of their care. The Guardian for Children and Young People's website is written for children and young people and it contains information about their rights, support available and the work of the Office of the Guardian. For more information visit www.gcyp.sa.gov.au.
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