State administrative tribunal
In circumstances where a person is not capable of
Looking after his/her own health and safety;
Making reasonable judgments in respect of matters relating to his/her person;
Managing his/her own affairs;
Making reasonable judgments in respect of matters relating to his estate;
In need of oversight, care or control in the interests of his own health and safety or for the protection of others;
an application can be made to the Tribunal for the appointment of a person who might be in a position to make such decisions for the person, unless the person has already appointed someone before the incapacity.
The Tribunal may appoint a guardian with authority to;
(a) Decide where the person is to live, whether permanently or temporarily;
(b) Decide with whom the person is to live;
(c) Decide whether the person should work and, if so, the nature or type of work, for whom he is to work and matters related thereto;
(d) Subject to certain conditions, make treatment decisions for the person;
(e) Decide what education and training the person is to receive;
(f) Decide with whom the person is to associate;
(g) As the next friend of the person, commence, conduct or settle any legal proceedings on behalf of the person, except proceedings relating to the estate of the person;
(h) As the guardian ad litem of the person, defend or settle any legal proceedings taken against the represented person, except proceedings relating to the estate of the person.
A guardian cannot vote for the person at any election or make a will for that person.
The Tribunal may also appoint an administrator if the person is unable, by reason of a mental disability, to make reasonable judgments in respect of matters relating to all or any part of his/her estate. The administrator must prepare accounts and submit them to the Public Trustee.
If you believe that a relative, for example is not capable of managing their affairs and has not appointed an attorney, you may apply to the State Administrative Tribunal for the appointment of suitable person to look after the relatives affairs.
The Public Advocate will then become involved and will investigate the matter and report to the Tribunal before any final decision is made. The role of the Public Advoate is to look after the interestes of the person in respect of whom the application is made.
To complete an on line application, go here.
For other information relating to the State Administrative Tribunal, go here.