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Guardian of last resort

The Guardianship and Administration Act 1993 (SA) enables SACAT to appoint the Public Advocate as a guardian of last resort [s 29]. The Act uses the term guardianship as a last resort, expecting that an application to SACAT will only become necessary when a satisfactory outcome cannot be arranged informally.

The Public Advocate has a role in encouraging alternatives to formal guardianship.

As a guardian, the Public Advocate can make a number of important life decisions for an individual with a mental incapacity. This power will not allow the Public Advocate to give consent to certain treatments, which still require the authority of SACAT (for example, sterilisation and termination of pregnancy).

Guardian of last resort  :  Last Revised: Fri Mar 27th 2015
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