SACAT will only make a guardianship order or an administration order for a person with mental incapacity after considering their situation and current arrangements.
In many cases, you will not need to come to SACAT and can make other arrangements.
Other options
In many situations, a person with a mental incapacity can manage well in the community with the support of family, friends and service providers.
They can make decisions about their finances, living circumstances, health and self-care.
Consent to medical treatment for a person with impaired decision making capacity can also be provided by a 'person responsible' (under the Consent to Medical Treatment and Palliative Care Act).
In these cases, the person does not need a guardian or a financial administrator - you do not need to apply to SACAT for an order.
In many situations, a person will have made plans when they still had mental capacity, and are assisted with decision-making under a formal arrangement such as an enduring power of attorney (EPA) or an advance care directive.
If these formal arrangements are working well there is no need to apply to SACAT.
When to apply to SACAT
In some cases the existing arrangements no longer work.
There may be disagreements between family members about making decisions for the person or people may not be able to continue to provide assistance.
Sometimes there are concerns about the conduct of the attorney under an Enduring Power of Attorney (EPA) or that person may no longer be able to act as the attorney.
If so, you should apply to SACAT for a guardianship order or an administration order.
SACAT can appoint an administrator for a person with a mental incapacity in some circumstances where an EPA is already in place. The administrator can then cancel the EPA.
I'm still not sure
For further help about the supports and services available and about whether you need to apply for an order you can contact the Office of the Public Advocate.
Apply to SACAT
All applications to SACAT are made online. You can use a computer, tablet or smart phone.
The application form will prompt you for the information we need.
If you make a SACAT Online Services account, you can return to your application at any time to provide more information or documents before submitting it.
If you are unable to complete the form online, you can contact the Tribunal for assistance on 1800 723 767 and a staff member may assist you complete the form by telephone.
You can also visit SACAT’s offices at Level 4 or 7, 100 Pirie Street, and use a computer at one of SACAT’s public kiosks where staff may also provide assistance.
