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A person who is unable to make certain decisions about their personal health and living circumstances due to mental incapacity has their rights and interests protected by the law.

The South Australian Civil and Administrative Tribunal (SACAT) can appoint a guardian under a guardianship order to make personal accommodation, health and lifestyle decisions to support a person who has mental incapacity. 

You can appoint someone you trust as your guardian in advance, in case you are ever mentally incapacitated and are unable to make these personal decisions. 

Where a guardian is needed and there is no other appropriate person appointed, SACAT can appoint the Public Advocate as guardian of last resort. This means the Public Advocate can then make personal accommodation, health and lifestyle decisions for the person with a mental incapacity.

In addition to guardianship, SACAT can also appoint the Public Trustee to administer the personal financial affairs of people who are unable to manage their own affairs.

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