Guardianship and administration cases can be complex and emotionally challenging, requiring specialized knowledge and understanding of the laws and procedures involved.
In these situations, having a lawyer who is familiar with the process can provide important guidance and support.
Here are some of the risks of using a generalist lawyer in guardianship and administration matters:
1️⃣ Lack of familiarity with the laws and procedures involved, leading to mistakes and costly delays.
2️⃣ Difficulty in advocating for the client's rights and interests, as the lawyer may not be fully aware of the relevant laws and regulations.
3️⃣ Lack of understanding of the emotional and personal issues involved in these cases, which can make it difficult to provide the necessary support and guidance.
As a lawyer specializing in guardianship and administration in Western Australia, I have a deep understanding of the legal and emotional challenges that my clients face, especially in the context of an aging population. In Western Australia, the population is rapidly aging. According to the Australian Bureau of Statistics, 21.8% of the population was aged 60 years and over in 2021, and this number is expected to increase to 24.7% by 2031.
My goal is to provide clear and concise information about the process and help clients make the best decisions, at such a difficult time in their lives.
Successful Review of Guardianship and Administration Decision in Western Australia
We recently acted for the applicants in a review of a decision made under the Guardianship and Administration Act 1990 (WA). You can read the full decision here.
The applicants, MD and DM, applied for a review of a decision made by a single member of the Tribunal, Member Conley, on 6 September 2022.
In the original decision, Member Conley declared that the represented person (NA) was unable to make reasonable judgments in respect of matters relating to her estate, person, and health and safety, and therefore needed an administrator of her estate and a guardian. The Tribunal then made orders revoking the enduring powers of attorney and guardianship in place and appointed the Public Trustee as plenary administrator and the Public Advocate as limited guardian.
On our clients behalf, we then applied for a review by the Full Tribunal.
After reviewing the case, the Full Tribunal decided to revoke the original orders and reinstate the enduring power of guardianship and power of attorney in favour of MD and DM.
In relation to guardianship, the Full Tribunal found that NA was unable to make decisions regarding her own health and safety and needed oversight, care, and control. However, the Full Tribunal also found that a less restrictive means was available in the form of an enduring power of guardianship (EPG) previously made by the individual. As a result, the Full Tribunal revoked the orders appointing a limited guardian and reinstated the EPG, naming two of the individual's daughters as joint guardians.
In relation to administration, the Full Tribunal found that NA’s vascular dementia rendered her unable to make reasonable judgments in relation to matters concerning her estate, but that the appointment of an administrator was not necessary as the less restrictive option of the enduring power of attorney in favour of MD and DM was available.
We are proud to have been able to assist MD and DM. A job well-done by Isaac Priddis, who appeared for our clients at the hearing.
If you would like to hire a lawyer to act on your behalf in a guardianship matter, please don't hesitate to contact me. I would be happy to discuss your options and how I can assist you.
I acted in 30 separate such matters in 2022 alone and offer a specialist service.
Guardianship Specialty: Protecting Loved Ones with Dementia
One of my 3 specialities is GUARDIANSHIP.
I often encounter clients who are seeking guardianship for loved ones suffering from dementia.
Dementia refers to a decline in cognitive function, which includes memory, language, problem-solving, and decision-making abilities. It can be caused by various conditions, such as Alzheimer's disease, stroke, or brain injury.
In the context of guardianship applications, the State Administrative Tribunal of Western Australia considers whether an individual has dementia when determining whether they are capable of making decisions about their own care and welfare.
If the Tribunal determines that an individual lacks capacity due to dementia, a guardian may be appointed to make decisions on their behalf.
Dementia is a progressive condition, meaning it will get worse over time. As such, it's important to plan for the future and ensure that appropriate guardianship arrangements are in place to ensure the best possible care for loved ones suffering from dementia.
If you or someone you know is seeking guardianship for a loved one suffering from dementia, don't hesitate to reach out. I've dealt with 100s of these matters over the years and offer a comprehensive service.
Protecting Individuals with Dementia from Financial Abuse
Dementia can have a significant impact on financial decision making, including:
- Struggling to understand financial concepts
- Difficulty remembering important financial information
- Inability to manage money effectively
These challenges can lead to financial abuse and exploitation, as well as financial instability for the individual and their family.
To protect individuals with dementia, the Guardianship and Administration Act 1990 (WA) offers administration orders. These orders appoint a guardian or administrator to manage the financial affairs of an individual with dementia and provide necessary support and oversight.
It is important to note that administration orders should be considered as a last resort, as they do limit an individual's autonomy and decision-making capacity. However, in cases where an individual with dementia is at risk of financial abuse or is unable to manage their own finances, an administration order can provide much-needed protection and support.
As a specialist in guardianship and administration in the State Administrative Tribunal of Western Australia, I have acted in 30 different cases related to this area of law in 2022 (and counting).
With an ageing population, families may become more aware of the financial exploitation risks associated with dementia during times like the Christmas season.
If you or a loved one are dealing with dementia and financial decision making, I am here to help. I offer a comprehensive service and deeply care about the needs of my clients when they apply for guardianship and administration orders over family members. Do not hesitate to reach out for assistance.