Guardianship
| Enduring Guardian | Power of Attorney | The Guardianship Board | Guardian of Last Resort | Making a Will | Public Trustee | SA Guardian for Children and Young People
Enduring Guardian
You can appoint someone you trust to make health and lifestyle choices for you in case you are ever mentally incapacitated. An Enduring Power of Guardianship enables lifestyle, accommodation and medical decisions to be made for you by the person you have chosen as your guardian when you are unable to make these decisions yourself.
For more information visit the Public Advocate’s website www.opa.sa.gov.au/cgi-bin/wf.pl.
The Public Trustee can prepare an Enduring Power of Guardianship document that you can use to appoint your Enduring Guardian. However, due to the intensely personal nature of the task of being an Enduring Guardian, Public Trustee is not able to act as an Enduring Guardian, but they can help you prepare this important legal document.
For more information visit www.publictrustee.sa.gov.au/products-and-services/enduring-guardianship.html.
Power of Attorney
You can appoint someone you trust in advance to manage your financial affairs for you when you can't because of age, illness, disability or absence. You can appoint any adult who has capacity. It makes good sense to plan ahead and choose the person you would want as your attorney. For more information visit the Power of Attorney section on the Public Trustee website www.publictrustee.sa.gov.au.
The Guardianship Board
The Guardianship Board is a court-like tribunal that has the power to make important decisions affecting the lives and property of people with a mental incapacity who can no longer make decisions in certain areas of life.
Guardianship provides a person 'the guardian' with the legal right to make personal and medical decisions for somebody else. The Guardianship Board may place a person under the guardianship of another person or persons, that it considers suitable for this role. Unless the appointment is limited to specific areas, the guardian of a person with a mental incapacity has the right to make all major decisions relating to that person's care and welfare, including health care decisions. The Guardianship Board can also appoint an administrator to look after the person's finances.
The Guardianship Board's website (www.guardianshipboard.sa.gov.au) contains further information and contact details.
Guardian of Last Resort
Where a guardian is needed and there is no other appropriate person appointed, the Guardianship Board can appoint the Public Advocate. This means the Public Advocate can then make certain life decisions for the person with a mental incapacity.
Further information can be found by visiting the Public Advocate’s website www.opa.sa.gov.au/cgi-bin/wf.pl.
Making a Will
Everyone should have a will that accurately reflects his or her wishes. A poorly prepared will can be as bad as having no will at all and can lead to legal challenges, long delays and the possibility that your assets will not be distributed as you had intended. The Public Trustee provides comprehensive advice on will making and can assist you to prepare your will if you wish. For further details visit the Wills section of the Public Trustee website www.publictrustee.sa.gov.au.
Public Trustee
The Public Trustee can assume special responsibilities for people who are unable to handle their own financial or legal affairs. The Public Trustee also provides a range of other financial and legal services.
Visit the Public Trustee website for further information www.publictrustee.sa.gov.au.
South Australian Guardian for Children and Young People
The Guardian for Children and Young People (GCYP) is appointed by the SA Government to advocate for the best interests of children and young people in out of home care and to advise the Minister for Families and Communities on the quality of their care. The Guardian for Children and Young People's website is written for children and young people and it contains information about their rights, support available and the work of the Office of the Guardian. For more information visit the GCYP website www.gcyp.sa.gov.au.
