HELP FOR GUARDIANS

HELP FOR GUARDIANS AND ENDURING GUARDIANS

The Office of the Public Advocate can provide advice to guardian and enduring guardians, about the powers they have and how to use them.

A guardian/ enduring guardian can apply to the Guardianship Board for advice or direction on the scope or exercise of their powers. They must then follow any directions issued by the Board. Contact the Office of the Public Advocate for more information.

Special Powers

The holder of an enduring power of guardianship, or a guardian appointed by the Board can apply for additional powers if needed. ‘Special powers’ under the Guardianship and Administration Act 1993 include the power to

direct where a person will live, or with whom they will live;
detain the person at that residence, or
authorise the use of such force as is reasonably necessary to ensure proper treatment and care of the person.

On application, the Guardianship Board can order that these ‘special powers’ be granted to a guardian or enduring guardian. (refer s 27 and s32 of the Guardianship and Administration Act 1993.) An application form is available from the Board. For more information about special powers contact the Office of the Public Advocate.

Revocation

The Guardianship Board can revoke the appointment of an enduring guardian if the enduring guardian seeks that revocation. The Board can also revoke the appointment on application from other specified interested parties, if it is satisfied that either the enduring guardian is not willing or able to act, or they have acted incompetently, negligently or contrary to the principles of the Guardianship and Administration Act 1993.