An application for a guardianship order can be made by:
- the person who the application is about
- the Public Advocate
- a substitute decision maker for the person under an advance care directive
- an administrator of the person’s estate including the Public Trustee
- a 'person responsible' as defined in the Guardianship and Administration Act 1993
- any person who can satisfy SACAT that they have a proper interest in the welfare of the person who the application is about.
You don't have to lodge a separate application if you are proposing yourself as the guardian.
Evidence to provide
As the applicant you are responsible for providing evidence to support your application.
All guardianship applications should be accompanied by a Medical and psychological report form (DOCX, 227.1 KB).
This form must be completed by a medical practitioner or psychologist and submitted to SACAT.
The details int he form will help the tribunal member be certain the person has a mental incapacity before an order is made.
A case cannot be heard until this report has been received by SACAT.
As well as the medical report form, you should include any other relevant evidence. This might include:
- any information about any risks to the person
- an ACAT Assessment Report
- any documents already in place, like
- Enduring Power of Attorney
- Enduring Power of Guardianship
- Advance Care Directive
- occupational therapy reports about the person’s daily living skills and financial management skills.
You can also file a written submission (2 A4 pages maximum) to support the application and explain why you believe the order is needed.
After lodging an application
Applications for guardianship are generally listed for a full hearing within 3-4 weeks of lodging.
If an application is more complex it might be listed for a Directions hearing first. It will then take longer for the full hearing to be listed.
You are also responsible to telling everyone involved that you have made the application.
Related guardianship applications
A guardian can apply to SACAT at any time seeking advice, direction or approval about how to exercise their powers under an order.
These applications can be determined by SACAT without the person who may be affected by SACAT’s decision.
You can also contact the Office of the Public Advocate for further guidance.
Sometimes a guardian will need to apply for special powers to enable decisions to be forcibly brought into effect.
See special powers for more information.