The Guardianship and Administration Board
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 adults with disabilities have a strong support network and will not need the Board’s help, the few who do will need a guardian because of the complexity of decision making.
- Complex financial transactions
- Exploitation, neglect or abuse
- Family disputes, or service provider disputes
- The desire a person with a disability may have to chose independence from the decision-making of their family
The Board can:
- make orders appointing a guardian or an administrator or both for an adult person with a disability who is unable to make reasonable judgements in respect of lifestyle and/or financial matters
- consent to medical treatment for persons with a disability incapable of giving an informed consent
- revoke or vary the terms of an enduring power of attorney
- make an order for the execution of a statutory will for a person who is incapable of making a will
Appealing a Board decision or asking for reasons
Asking for Reasons
If a person is unhappy with an order of the Board that has been made for them, such as the appointment of a guardian or administrator, they can request the reasons for Board’s decision within 21 days of the decision (s74). You can:
- Call the Board on (03)6165 7500 or write to them and ask for reasons for their decision at: GPO Box 1307, Hobart Tas 7001. We can also help you with this if you ask us.
- Ask the Board if they will review your order, especially if your circumstances change or you feel you no longer need a guardian.
Requesting a review
The Board has the power to review any order it makes. Any person, including the represented person, can apply to the Board for a review. A Board can initiate a review itself, if it is believed that this would be in the best interests of the represented person
An appeal can be made to the Supreme Court to review Board decisions (s76). Independent legal advice should be sought.
Help with appealing or asking for reasons
There are several services available for help. A friend or family member can help if you need to talk to your Guardian or write to the Board. But there are also other services such as:
- Advocacy Tasmania
- Speak Out Advocacy – their website is currently under construction
- The Ombudsman
- The Health Complaints Commissioner
- The Anti-Discrimination Commissioner
Page last updated 01/03/2019