Types of guardianship order
SACAT will make the least restrictive order to address the individual circumstances of the protected person, in accordance with their past and present wishes and needs, so far as these can be determined, and will consider the adequacy of current informal arrangements.
A full guardianship order gives the guardian the authority to make important decisions in most areas of the protected person’s life. This includes decisions about:
- health care (medical and dental treatment) and some types of prescribed treatment for mental illness; but not for prescribed medical treatment)
- contact with the protected person
- lifestyle decisions, such as what services and supports the protected person receives, education, employment, social issues and involvement in recreational activities.
If a person with mental incapacity is coping well in most areas of their life but needs some assistance in certain areas then a limited guardianship order can be made by SACAT. For instance, SACAT may make a guardianship order limited to accommodation decisions. In that example the guardian cannot make any other decisions for the protected person outside of the decisions about accommodation. The limitation will be specified in the order.
Reviews/cancellation/changing an order
- An application can be made to SACAT to change or cancel a guardianship order at any time if there is new information or a change in circumstances.
- Guardianship orders must be regularly reviewed by SACAT, at intervals of not more than three years. This is an automatic review.
- An application can be made to SACAT for a Review of a SACAT decision with the permission of the Tribunal.