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Guardians and administrators
Each state and territory has a guardianship board or tribunal, which has powers to appoint a guardian or administrator for adults who do not have the capacity to make decisions for themselves.
A guardian is a legally appointed substitute decision maker who, subject to the powers granted, may be able to make lifestyle decisions, such as where a person should live, consent to medical and dental services and health care generally. A family member of friend can be appointed as a guardian. In some circumstances, where it is not appropriate to appoint a private guardian, the board or tribunal has the option of appointing the Public Guardian, who is usually a statutory official.
An administrator or financial manager is responsible for making financial decisions. Usually if a person’s financial affairs can be managed informally and in the person’s best interests the board or tribunal will not make a formal appointment of an administrator or financial manager. A family member of friend may be appointed as an administrator or financial manager who will be supervised either by the guardianship board or tribunal or in some states and territories, by the Protective Commissioner.
If there are problems dealing with the affairs of the person you care for, or there is conflict in the family about this person’s best interests, you may wish to find out more information about the role of the guardianship board or tribunal in your state or territory.
In some states and territories other formal arrangements are available, including medical guardianship and enduring power of medical guardianship.
Who needs administrators, financial managers and estate managers?
A person may need an administrator, financial manager or estate manager if they are unable to manage their own legal and financial affairs due to mental incapacity and they have not given someone a relevant enduring power of attorney (more information), and
- real estate must be sold or leased
- the bank won’t allow anyone else to operate their account
- they are being financially exploited
- they are suffering because of mismanagement of their funds
- other legal documents need signing, or
- they have a large amount of money or other investments to look after.
How guardianship boards and tribunals work
Each state or territory has a board or tribunal that will determine whether a person is capable of handling their own affairs, and whether an administrator, or a financial or estate manager should be appointed.
The board or tribunal will consider the person’s best interests when deciding who to appoint as the administrator or manager. Other things that may be considered include the person’s wishes, the size and complexity of the estate and the qualities and capabilities of the potential administrator.
The board or tribunal may appoint a private manager to manage your affairs, or it may appoint a public official, such as those from the Office of the Protective Commissioner in New South Wales, or the State Trustee in Victoria.
If a public official is appointed, they will charge a fee for administering the person’s affairs. If a private person is appointed to manage a person’s financial affairs, they will be supervised by the public official, who will charge a fee for this supervision.
