A person’s ability to make reasoned decisions in their own best interests can be affected by dementia, an intellectual disability, an acquired brain injury, or a mental illness. Functions Section 97 of the Guardianship and Administration Act 1990 sets out the primary functions of the Public Advocate. They include: information, advice and training on how to protect the rights of adults with a decision-making disability investigation of concerns about the wellbeing of adults with a disability and whether there is a need for an application for a guardian or administrator investigation of specified applications made to the State Administrative Tribunal to assist it to determine whether a guardian or administrator should be appointed guardianship (for personal, lifestyle and treatment related decisions) when the State Administrative Tribunal determines that there is no one else suitable, willing and available to act as the person’s guardian. OVERVIEW OF THE AGENCY Values Five principles set out in Section 4 of the Guardianship and Administration Act 1990 guide the Office of the Public Advocate in the provision of all services. Broadly they are: Presumption of competence Every person is presumed to be capable of managing their own affairs and reasonable judgements about themselves, their safety and their finances unless this is proved to the contrary. Best interests The primary concern is the best interests of the person with the decision-making disability. Least restrictive alternative A guardian or administrator is only appointed when a person’s needs can no longer be met in a less restrictive way, without impacting on their freedom of decision and action. Limited versus plenary The authority of an appointed guardian or administrator will be limited to those areas in which the person with a decision-making disability needs the greatest decision-making support. Current wishes and previous actions
A person’s ability to make reasoned decisions in their own best interests can be affected by dementia, an intellectual disability, an acquired brain injury, or a mental illness. Functions Section 97 of the Guardianship and Administration Act 1990 sets out the primary functions of the Public Advocate. They include: information, advice and training on how to protect the rights of adults with a decision-making disability investigation of concerns about the wellbeing of adults with a disability and whether there is a need for an application for a guardian or administrator investigation of specified applications made to the State Administrative Tribunal to assist it to determine whether a guardian or administrator should be appointed guardianship (for personal, lifestyle and treatment related decisions) when the State Administrative Tribunal determines that there is no one else suitable, willing and available to act as the person’s guardian. OVERVIEW OF THE AGENCY Values Five principles set out in Section 4 of the Guardianship and Administration Act 1990 guide the Office of the Public Advocate in the provision of all services. Broadly they are: Presumption of competence Every person is presumed to be capable of managing their own affairs and reasonable judgements about themselves, their safety and their finances unless this is proved to the contrary. Best interests The primary concern is the best interests of the person with the decision-making disability. Least restrictive alternative A guardian or administrator is only appointed when a person’s needs can no longer be met in a less restrictive way, without impacting on their freedom of decision and action. Limited versus plenary The authority of an appointed guardian or administrator will be limited to those areas in which the person with a decision-making disability needs the greatest decision-making support. Current wishes and previous actions