Navigating the Legal Framework for Your Adult Child with Autism: A Guide to Guardianship and Administration in Western Australia

In this blog post, I focus on the practical issues that parents of adult children with autism in Western Australia may face and explore the types of situations that make it sensible to apply for guardianship and administration. This is particularly important when considering factors such as parents no longer being together.

In Western Australia, guardianship and administration are governed by the Guardianship and Administration Act 1990. Guardianship pertains to making personal, lifestyle, and medical decisions, while administration deals with financial and property management.

When considering applying for guardianship and administration for an adult child with autism, parents should evaluate the following situations:

  1. The adult child lacks the capacity to make informed decisions: If the adult child with autism has significant challenges in understanding and processing information, and consequently cannot make informed decisions, guardianship and administration may be necessary.

  2. The parents are no longer together: If the parents have separated or divorced, they may have different views on their adult child's care and decision-making. Guardianship and administration can provide a clear legal framework for decision-making and ensure that the best interests of the adult child are prioritized.

  3. Potential for abuse, neglect, or exploitation: If there is a risk that the adult child with autism may be subject to abuse, neglect, or exploitation, either by family members or others, guardianship and administration can provide a layer of protection and oversight to prevent such occurrences.

  4. Healthcare and medical treatment: If the adult child requires complex or ongoing medical treatment, guardianship can ensure that appropriate decisions are made regarding their healthcare needs.

  5. Financial management: If the adult child with autism has substantial assets or receives a substantial income (e.g., from government benefits or an inheritance), administration may be necessary to ensure proper management and prevent financial mismanagement or exploitation.

  6. Residential arrangements: If the adult child requires specialized living arrangements, such as supported accommodation or a group home, guardianship can help in making decisions about the most suitable option, taking into account the adult child's preferences, needs, and available resources.

  7. Future planning: Guardianship and administration can provide a framework for planning the adult child's future, including their living arrangements, healthcare, and financial management, particularly in situations where the parents are aging or have health issues of their own.

Before applying for guardianship and administration, parents should consider alternatives that may be less restrictive and provide more autonomy to their adult child with autism. These alternatives include ‘supported decision-making’.

In conclusion, parents of adult children with autism in Western Australia should carefully consider the specific circumstances of their situation when deciding whether to apply for guardianship and administration. By assessing the individual needs, challenges, and preferences of their adult child, parents can make informed decisions that promote their loved one's well-being, autonomy, and protection.