The Myths of Advocacy What Advocacy Isn’t – disability. Advocacy and Adult Guardianship There are key differences between the role of the As previously mentioned, advocacy is standing advocate and the role of a guardian. A guardian is with, and sometimes speaking for, a person to someone legally appointed by the GAB, or ensure their rights are recognised and respected. appointed under an instrument of enduring An advocate can be a friend, a family member, or guardianship. someone from an advocacy service. Authority for Depending on the situation, a guardian has the the advocate to act comes from a request from power to make decisions/provide consent for a the person. Decisions to act are therefore made range of issues (e.g. medical treatment, by the person (Disability Action Inc, 1997 (2)). accommodation, lifestyle issues) on behalf of an The primary difference between a guardian and an adult who is unable advocate is that a guardian is a substitute decision- to do so for themselves. maker whereas an advocate does not make decisions It is important that disability funded service on behalf of the person. providers are required to notify the person’s Situations can where a person who has a guardian if there has been an incident with the guardian will request the services of an advocate. person, or to consult with a guardian before making The person may need assistance in expressing their any major changes wishes to the guardian. An advocate also has a role to accommodation or health care. A guardian must in making sure that the guardian remains make a decision taking into account the person’s accountable for the decisions they make on the wishes wherever possible, their best interests and represented person’s behalf. In many cases their freedom of decision and action. A guardian is guardianship orders are limited to one area of a also expected to advocate on behalf of the person. person’s life (e.g. accommodation) and this means The Public Guardian is also expected to undertake an advocate can represent the views of a person in a systemic advocacy on behalf of people with other areas of their life.
The Myths of Advocacy – What Advocacy Isn’t Advocacy and Adult Guardianship There are key differences between the role of the advocate and the role of a guardian. A guardian is someone legally appointed by the GAB, or appointed under an instrument of enduring guardianship. Depending on the situation, a guardian has the power to make decisions/provide consent for a range of issues (e.g. medical treatment, accommodation, lifestyle issues) on behalf of an adult who is unable to do so for themselves. It is important that disability funded service providers are required to notify the person’s guardian if there has been an incident with the person, or to consult with a guardian before making any major changes to accommodation or health care. A guardian must make a decision taking into account the person’s wishes wherever possible, their best interests and their freedom of decision and action. A guardian is also expected to advocate on behalf of the person. The Public Guardian is also expected to undertake a systemic advocacy on behalf of people with disability. As previously mentioned, advocacy is standing with, and sometimes speaking for, a person to ensure their rights are recognised and respected. An advocate can be a friend, a family member, or someone from an advocacy service. Authority for the advocate to act comes from a request from the person. Decisions to act are therefore made by the person (Disability Action Inc, 1997 (2)). The primary difference between a guardian and an advocate is that a guardian is a substitute decision- maker whereas an advocate does not make decisions on behalf of the person. Situations can where a person who has a guardian will request the services of an advocate. The person may need assistance in expressing their wishes to the guardian. An advocate also has a role in making sure that the guardian remains accountable for the decisions they make on the represented person’s behalf. In many cases guardianship orders are limited to one area of a person’s life (e.g. accommodation) and this means an advocate can represent the views of a person in other areas of their life.
The-Role-of-Advocacy-Services-in-Tasmania-Booklet.docx