Guardianship and Administration for Adults
This chapter provides the organisational structure of guardianship and administration in Tasmania alongside information about what guardianship means, circumstances when a guardian is needed, administrators and important contacts and resources.
Guardianship and Administration Legislation and Bodies
Guardianship in Tasmania is governed by two primary statutes: the Guardianship and Administration Act 1995, and the Wills Act 2008. Two other Acts – the Mental Health Act 2013, the Powers of Attorney Act 2000 (Part 4) have some influence as well. The bodies that are involved in Guardianship and Administration include the Tasmanian Guardianship and Administration Board the Tasmanian Mental Health Tribunal and the Australian Guardianship Administration Council (AGAC).
Tasmanian Guardianship and Administration Board
The Guardianship and Administration Board (GAB) of Tasmania is empowered under statute to make decisions for the benefit of persons who have a disability and are unable to make reasonable judgments about lifestyle and financial matters. The Board exercises powers in relation to:
- Enduring Guardianship
- Enduring powers of attorney
- Emergency situations
- Consent to medical or dental treatment
- Statutory wills
Mental Health Tribunal
The Mental Health Tribunal protects the rights of people placed on involuntary orders for mental illness. The Tribunal reviews decisions about involuntary orders and their continuation. In making its decisions, the Tribunal must consider the right of the individual to receive necessary treatment, the loss of freedom that the individual experiences when they are treated involuntarily, and, the interests of the community.
The Mental Health Tribunal may play a part in guardianship because some mental illnesses may qualify a person as a person with a disability who requires a guardian to be appointed to help manage their affairs. A review by the Tribunal that revokes an involuntary order will then impact on the appointment of a guardianship if the person can now manage their own affairs.
Australian Guardianship and Administration Council (AGAC)
AGAC is a body that aims at creating a forum for State bodies and other people involved in guardianship in order to develop consistent approaches to guardianship, provide advice to government, and encourage an open dialogue across jurisdictions to promote quality of outcomes and decision-making.
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A guardian is needed where an adult with a disability cannot manage on their own with decision making. This may come about as a result of an accident, or an anticipated disability (such as with enduring guardianship). A guardian may also be needed because a person has reached 18 years of age, and...
This section deals only with guardianship of adults (unless for example the child is a state ward). Parents are of course the guardians of intellectually disabled children. However, as with all children, legal parental responsibility ceases at 18. (s61C(1), Family Law Act 1975 (Cth)). Guardian...
What is an Administrator? Administrators are like guardians, except they are limited to managing the financial affairs of a person with a disability. They must be suitable and willing. The same requirements apply for an administrator and a guardian: The proposed administrator must: be at...
While informal arrangements are encouraged for people with a disability who may require a guardian, sometimes it is necessary to have a formal arrangement, with an appointed guardian. The Guardianship and Administration Board has the power to appoint guardians and administrators. While many adult...
The Guardianship and Administration Board provides accessible information on its activities. The Board also produces a series of fact sheets. Factsheets include: What is the Guardianship and Administration Board? Guardianship Administration Consent to Medical or Dental Treatment ...
Page last updated 20/03/2018