Guardianship orders in South Australia
Guardianship orders give someone legal authority to make lifestyle and medical decisions for a person who has lost capacity.
In South Australia, guardianship orders are made by SACAT under the Guardianship and Administration Act 1993 (SA) when a person has lost the capacity to make decisions about their lifestyle, medical care, and accommodation. The order appoints a guardian (often a family member, sometimes the Public Advocate) with defined powers.
When SACAT makes a guardianship order
The person concerned has lost capacity (medical evidence required). No advance care directive has appointed a substitute decision-maker, or the existing arrangement isn’t working. A clear need exists for someone to make lifestyle and medical decisions.
Who can be guardian
Family members are commonly appointed if appropriate and willing. Friends or trusted others can act. The Public Advocate is appointed where no suitable private guardian exists. Joint or several guardians are possible.
Powers granted
Decisions about accommodation and care. Medical and dental decisions within specified limits. Sometimes restricted (e.g. excluded from specific decisions). The order specifies the scope explicitly.
Review and end
Orders are typically reviewed every 3 years. Can be varied if circumstances change. End on death of the protected person, return of capacity, or by SACAT order.
Avoiding the need entirely
An advance care directive executed while the person has capacity can avoid the guardianship application altogether. The ACD’s substitute decision-maker has the same effective authority without going through SACAT.
Summary
Guardianship orders give someone legal authority to make lifestyle and medical decisions for a person who has lost capacity.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.