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. SACAT can appoint a guardian under a guardianship order to make accommodation, health and lifestyle decisions to support a person who has mental incapacity.
SACAT deals with the following types of applications in this area:
- appointing a guardian to make decisions about the medical, accommodation, health and lifestyle decisions for a person with mental incapacity
- cancelling the appointment of a particular guardian
- providing advice or directions to a guardian
- consenting to prescribed medical treatment
- making additional orders to grant special powers authorising the use of force to ensure proper treatment and care, restriction of movement and detention
- changing or cancelling a previous guardianship order.
SACAT does not:
- appoint a guardian for children under the age of 18.
Do you need to apply? SACAT need not:
- appoint a guardian in cases where a person with a mental incapacity is coping well or has appropriate supports in place through ‘informal arrangements’
- appoint a guardian when other formal legal protections are already in place and are working well together with informal arrangements (such protections are put in place before a person loses mental capacity and include an advance care directive, an enduring power of guardianship or a medical power of attorney).
SACAT is also able to:
- appoint an administrator in certain circumstances regarding financial decisions
- make certain decisions about advance care directives
- provide consent to medical treatment, consent to prescribed psychiatric treatment and consent to prescribed medical treatment
- review mediation decisions and make directions and declarations about consent to treatment decisions and advance care directives in certain circumstances.
- make and review treatment orders for people with mental illness.
Find out more about bringing an application to SACAT:
- Apply to SACAT
- When you make an application for a guardianship order you will need to submit a medical report form. You can complete this form on your computer or print and complete it in hard copy: medical report form.
- Steps in resolving an issue
- Preparing for a hearing or conciliation
- Fees and charges - There are no fees in the Community Stream of SACAT.
Organisations that may help you in guardianship matters:
- South Australian Civil and Administrative Tribunal Act 2013
- Guardianship and Administration Act 1993
- Consent to Medical Treatment and Palliative Care Act 1995
- Advance Care Directives Act 2013
- Mental Health Act 2009