Guardianship and administration

What sort of decisions can a guardian make?

Decisions can include:

• where the person lives
• what work or education the person participates in
• who the person spends time with, and
• what medical treatment the person receives.

What sort of decisions can an administrator make?

Decisions can include:

• managing the person’s income and paying their expenses; and
• buying or selling property for the person.

When will the Tribunal appoint a guardian?

The Tribunal may appoint a guardian for someone if it is satisfied that the person:

• is incapable of looking after their own health and safety; or
• is unable to make reasonable decisions about personal matters; or
• needs oversight, care, or control in the interests of their own health and safety, or for the protection of others,

and needs a guardian.

When will the Tribunal appoint an administrator?

The Tribunal may appoint an administrator if it is satisfied that the person is unable to make reasonable judgments and decisions about their estate (finances and property) because of a ‘mental disability’ and they need someone to make these decisions for them.

The term ‘mental disability’ includes intellectual disability, a psychiatric condition, an acquired brain injury and dementia.

What are the duties of guardians and administrators?

The law imposes duties on all administrators and guardians. For example, an administrator has a duty to keep records and accounts.

Both an administrator and guardian have a legal duty to act in a represented person’s best interests.

Who can apply to the Tribunal for a guardian or administrator to be appointed?

Guardians and administrators must make decisions that are in the person's best interests.

If you are worried that a family member or friend is unable to make decisions that are in their best interests, you may need to ask the Tribunal to appoint a guardian or administrator (or both) for them.

There are no restrictions on who can apply to the Tribunal and ask for a guardian or administrator (or both) to be appointed for someone else. Normally, the application will be made by someone who is worried that the other person is not able to look after themselves (such as a family member, friend, social worker, or doctor). 

The person who makes the application does not need to be the proposed guardian or proposed administrator.

Who are the Public Advocate and the Public Trustee?

The Public Advocate is an independent statutory officer created under the Guardianship and Administration Act 1990 (WA) to promote and protect the rights of adults with decision-making disabilities. The Office of the Public Advocate can provide information and advice about guardianship and administration, as well as enduring powers of administration and guardianship.

The Tribunal often asks the Office of the Public Advocate to prepare a report about whether a guardian or administrator is required and make recommendations about who should be appointed. If no other person is suitable to be appointed as a guardian, the Tribunal can ask the Public Advocate to take on that role.

The Public Trustee is an independent statutory officer created under WA legislation. The Public Trustee offers independent professional trustee and asset management services to the WA community.  

The Public Trustee supports administrators appointed by the Tribunal, and examines their accounts and record-keeping. If no other person is suitable to be appointed as an administrator, the Tribunal can ask the Public Trustee to take on that role.

Get help

Our Civil Law Division may be able to help you if you have current proceedings in the Tribunal, or if you are involved in a dispute with the Public Trustee about money. 

Older Western Australians may be able to get help from our Elder Rights WA service.

Call our Infoline on 1300 650 579 or Legal Yarn (for Aboriginal and Torres Strait Islander callers) on 1800 319 803 for information on what we can do in your situation.

Other places to get legal help

• An Elder Rights WA lawyer at Peel Community Legal Services (08) 9581 4511 can provide elder abuse services for people living in the Peel region.
• The Law Society of WA has a Find a Lawyer tool on its website.  
• Your local community legal centre may be able to help.

More information

• eCourts Portal of Western Australia (under the heading State Administrative Tribunal) -On this site you can make an online application with the Tribunal.

• Public Trustee - On this website there is information and publications that may help you. Public Trustee - Private Administrator support - 1300 746 212.  

• State Administrative Tribunal - Guardianship and Administration - (08) 9219 3111 or 1300 306 017.  On the website there is an Info Sheet - Guide for Guardianship and Administration Proceedings

Office of the Public Advocate - 1300 858 455

• Guardianship
  Includes information on who can be appointed as a guardian, their role, what happens in the Tribunal, and what the guardian can and cannot do.
• Administration
  Includes information on who can be appointed as an administrator, their role, and what they can and cannot do.

Reviewed: 2 May 2024