WHAT IS THE GUARDIANSHIP BOARD
Guardianship & Administration Act 1993
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The Guardianship Board is a court like tribunal that has the power to make important decisions affecting the lives and property of people over whom it has jurisdiction. The Guardianship Board’s responsibilities are set out in the Guardianship and Administration Act 1993, the Mental Health Act 2009, the Advance Care Directives Act 2013, and the Consent to Medical Treatment and palliative Care Act 1995. Some matters are dealt with through internal administrative processes whilst others require a semi‐formal hearing. Somebody must complete an appropriate application form to request the Board’s involvement in making, reviewing or revoking an order. Once an application is received at the Board, a hearing time is set, and details are sent to the relevant people. At the hearing, people provide information about what they know and what they think should be done. Usually the Board will make its decision at the end of a hearing. Orders made by the Guardianship Board are legally enforceable. WHO SITS ON THE GUARDIANSHIP BOARD? The Guardianship Board is made up of a number of members who are rostered to sit for hearings. The Governor of South Australia appoints the Board members. Each full Board consists of three members, who are:  a President or Deputy President, who must be a senior lawyer;  a professional member, for example, a psychologist or medical practitioner;  a community member, who will normally be a person with experience in representing or promoting the interests of people with mental incapacity. Office
of the
Public Advocate
An independent
statutory office
accountable to the
South Australian
Parliament
PO Box 213
PROSPECT SA 5082
Tel (08) 8342 8200
Toll Free 1800 066 969
Fax (08) 8342 8250
Under the Regulations to the Guardianship and Administration Act 1993, the Board can consist of one, two or three members, depending on the nature of the matter. WHAT DOES THE GUARDIANSHIP BOARD DO? Guardianship and Administration Act 1993 When a person can no longer make decisions in certain areas of life, the Guardianship Board can be requested to make an order appointing somebody else to do this on that person’s behalf. The Board must be satisfied the person has a ‘mental incapacity’ which affects their ability to make decisions, before appointing someone else to do so. Casues of mental incapacity include dementia, intellectual disability, brain damage, mental illness, coma or being in a moribund state., The main orders the Board can make under this Act are: Guardianship Orders The Board may appoint a guardian to make lifestyle and medical treatment decisions for a person with a mental incapacity. Unless the appointment is limited to specific areas, the guardian has the right to make all major decisions relating to that person’s care and welfare, including health care decisions. The Board reviews Guardianship Orders at set periods or upon request. See Fact Sheet 4: Guardianship Orders Email [email protected]
Web
www.opa.sa.gov.au
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Administration Orders The Board may appoint an administrator to manage the financial, property and legal affairs of a person with a mental incapacity. It can appoint a family member, a friend, a solicitor or an organisation such as the Public Trustee or a private trustee company. The Board reviews Administration Orders at set periods or upon request. See Fact Sheet 5: Administration Orders Consent to treatment The Board may consent to necessary medical and dental treatment when a person has impaired decision making capacity and there is no person who can give substitute consent. The Board also provides consent to prescribed medical treatment, which is sterilisation and termination of pregnancy. See Fact Sheets 9: Consent to medical and dental treatment for people with impaired decision making capacity and 10: Prescribed medical treatment Mental Health Act 2009 This Act allows for compulsory psychiatric treatment under an order for individuals who have a serious mental illness, require treatment and for whom there is no less restrictive means of ensuring proper treatment and care. Inpatient Treatment Orders and Community Treatment Orders The Board has discretion to review Inpatient Treatment Orders and Community Treatment Orders at any time and must review the circumstances surrounding the making of level 1 Community Treatment Orders and an Order made in relation to a child which has been in place for 3 months. The Board makes and reviews level 3 Inpatient Treatment Orders and level 2 Community Treatment Orders. See Fact Sheet 12: Inpatient Treatment Orders See Fact Sheet 13: Community Treatment Orders Appeals against Inpatient Treatment Orders and Community Treatment Orders A separate Appeals Division of the Guardianship Board is responsible for hearing appeals against level 1 and level 2 Inpatient Treatment Orders and level 1 Community Treatment Orders.. The District Court hears appeals against orders and decisions made by the Guardianship Board. See Fact Sheet 17: Appeals (Mental Health Act 2009) Prescribed Psychiatric Treatment The Board can provide consent for Electro Convulsive Therapy and Neurosurgery for mental illness. See Fact Sheet 16: Prescribed psychiatric treatment WHERE IS THE GUARDIANSHIP BOARD LOCATED? The Guardianship Board is located at Level 8, ABC Building, 85 North East Road, Collinswood 5081 (Telephone (08) 8368 5600, Toll Free 1800 800 501, Fax 8368 5699). 2