Guardianship & Administration Lawyer

I am one of the most experienced lawyers in Guardianship and Administration applications in the State Administrative Tribunal of Western Australian.

My daily work involves providing advice on these applications and appearing at hearings.

Between 2017 and 2023 I acted in 159 separate applications:

• 2017 - 7 applications

• 2018 - 15 applications

• 2019 - 12 applications

• 2020 - 26 applications

• 2021 - 22 applications

• 2022 - 30 applications

• 2023 - 47 applications.

Many of these applications involved me appearing at multiple hearings at the Tribunal, per each application.

I have a reputation for being one of the “go-to” lawyers in WA, for inexpensive and knowledgeable representation in guardianship and administration.

I am regularly invited to be a presenter, at CPD seminars to other lawyers, about this jurisdiction.

This is a specialist jurisdiction. Not many private lawyers in WA routinely do this work or have experience in this area.

I have acted in SAT guardianship applications throughout my career. I took this work on as a speciality, however, from 2017 onwards.

We are able to offer fixed-fee options to some clients, depending on the facts of your matter.

Contact me to discuss your issue and how I can help. 

When to have a lawyer

Broad powers of Guardians / Administrators

If the presumption of capacity is rebutted, and the SAT is satisfied that the criteria for making a guardianship and / or administration order have been met, then the serious consequences on the individual’s decision-making autonomy include:

• Being able to decide where to live and with whom

• Deciding whether and what type of work they can do

• Deciding with whom a person has contact with

• Making decisions concerning medical treatment, and consent to medical treatment, including surgery, dental work and palliative care

• Managing their estate

• Making financial decisions and decisions relating to property and assets.

Therefore, it is wise to seek legal advice in relation to guardianship or administration proceedings.

Family conflict & the OPA/OPT

When there are no other suitable alternatives the SAT may appoint the Public Advocate or Public Trustee as guardian or administrator respectively.

An aging population, and increasing prevalence of dementia, has increased the burden on the OPA/OPT.

These statistics show how busy the Office of Public Advocate is - and that this is increasing over time: in 2020/21 the OPA carried out 2,232 investigations, and acted as guardian of last resort for 2,771 adults (an increase of 13% from the previous year).

Clients will often prefer that a family member (or other guardian or administrator of their choosing), be appointed instead of the OPA/ OPT. We can help to facilitate that appointment.

In situations where family conflict arises, the SAT may consider the OPA/ OPT to be the only suitable choice to make decisions.

I have considerable experience in dealing with family conflict scenarios and developing options to seek for our clients to retain decision-making powers, despite such conflict.

Top 5 characteristics of a good guardianship lawyer

1. Thorough knowledge of guardianship laws and processes in Western Australia. They need to understand the Guardianship and Administration Act 1990 which governs guardianship arrangements.

2. Experience handling guardianship cases in WA. An experienced lawyer will have successfully guided clients through the process of establishing, modifying or ending guardianships.

3. Understanding of medical conditions and capacity issues that lead to guardianship appointments. Dementia, traumatic brain injuries, intellectual disabilities and mental illness need to be understood.

4. Communication skills to deal effectively with the State Administrative Tribunal and all parties involved - clients, family members, medical professionals etc. Clear and compassionate communication is key.

5. Analytical ability to determine if less restrictive options instead of a full guardianship order may be suitable for the particular situation. The orders need to be tailored to the individual's needs.

Costs can be awarded

Read this case in which I successfully obtained a costs order for my clients in a guardianship matter.

Navigating the Guardianship and Administration Process in Western Australia

Navigating the guardianship and administration process in Western Australia can be challenging. Below, you will find a list of blog post titles that will help you better understand the guardianship and administration process in Western Australia and make informed decisions for yourself or a loved one.

Understanding Guardianship and Administration Law in Western Australia:

• The Evolution of Guardianship Law: A Historical Overview

• Guardianship in Western Australia

• Factors Relevant to Determining Whether a Person with a Mental Disability is Unable to Make Reasonable Judgments in Respect of Their Estate

• Role of Public Advocate at guardianship hearings

• Understanding the Threshold for Guardianship Applications and Costs Consequences

• Increase in Guardianship Applications at the State Administrative Tribunal of Western Australia

• Costs awarded in SAT guardianship application in favour of my clients

• Rebutting the Presumption of Capacity in Guardianship Matters

• Understanding Section 43 of the Guardianship and Administration Act in Western Australia

• The Tribunal's Role in Preserving Testamentary Intentions in Guardianship Matters

• Treatment Decisions Under the Guardianship and Administration Act in Western Australia

• Navigating Palliative Care and Hastened Death: A Guide to the Guardianship and Administration Act in Western Australia

• The Intersection of Ademption and Guardianship: A Detailed Exploration

• To Name or Not to Name? An Analysis of Confidentiality Exceptions for Identifying Parties in Guardianship Proceedings

• Appointing Research Decision-Makers for Represented Persons

Guardianship and Administration for Specific Conditions:

• Alzheimer’s Disease - Coping with Alzheimer’s

• Alzheimer's disease - Overview

• Memory Impairments and the Appointment of an Administrator in Western Australia

• Acquired Brain Injury and Legal Safeguards: The Role of Guardians and Administrators in Supporting Affected Individuals

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

• Understanding Bipolar Disorder: Symptoms and Impact on Daily Life

• Understanding the Different Types of Dementia

• Cognitive fluctuations in dementia: A closer look

• Understanding Schizophrenia: Dispelling Myths and Promoting Awareness

• Urgent Treatment Under the GA Act After Attempted Suicide in Western Australia

• Evaluating the need for a Guardian: the Guardian's Ability to Effect Decisions Not Relevant

Advanced Health Directives, Enduring Powers of GuardianshiP & ENDURING POWERS OF ATTORNEY:

• Understanding the Validity of Advanced Health Directives in Western Australia

• Enduring Powers of Guardianship in Western Australia: Key Insights and Considerations

• Advanced Health Directives

• When Does an Enduring Power of Guardianship Become Valid in Western Australia?

• Revoking an Enduring Power of Attorney in Western Australia: Mental Capacity

• Navigating Section 109 of the Guardianship and Administration Act: Orders for Records, Accounts and Audits

• Navigating Fiduciary Duties: Tribunal Directions for Attorneys Regarding Gifts from an Estate

• Capacity Required for an Enduring Power of Guardianship

Guardianship Applications and Decision Reviews:

• Appointment of an Administrator After a Court Compensation Trust Has Been Established

• Can the Tribunal Grant an Administrator the Power to Make a Binding Death Benefit Nomination (BDBN)?

• Can a Guardian Initiate Divorce Proceedings on Behalf of a Represented Person in Western Australia?

• When Should Leave Be Granted Under Section 87 of the Guardianship and Administration Act 1990 (WA)?

• Suspicions alone not sufficient for Tribunal intervention under s 109 of the Guardianship and Administration Act 1990 (WA)

• Successful Review of Guardianship and Administration Decision in Western Australia

• Section 85 Applications under the Guardianship and Administration Act - A Closer Look

• Understanding Joint Guardianship and Administration Appointments in Western Australia: A Case Study

Mental Capacity and Cognitive Assessments:

• The Crucial Role of Geriatricians in Guardianship Matters

• The Montreal Cognitive Assessment Test: An Essential Tool for Guardianship Applications

• The Importance of Properly Evaluating Mental Capacity in Legal Matters

• Navigating Guardianship Applications: Some “signs” for Families Affected by Dementia

• The Presumption of Capacity in Guardianship and Administration Matters: Does Objectively Unwise Decision-Making Rebut the Presumption in Western Australia?

• Understanding Guardianship and Administration Matters: When does the Need for Oversight Enable the Appointment of a Guardian in Western Australia?

• Assessing Capacity: Weighing the Evidence in Guardianship and Administration Proceedings

• Assessing Capacity: Independence of Decision-Making Under the GA Act

Protecting Vulnerable Individuals and Preventing Abuse:

• Financial Elder Abuse: A Serious Issue Affecting Older Australians

• Guardianship Specialty: Protecting Loved Ones with Dementia

• Protecting Individuals with Dementia from Financial Abuse

• 7 Simple Ways to Reduce Fall Risk for People with Dementia

• New Technology for Diagnosing Alzheimer's Disease

• Understanding Sterilisation Procedures and Best Interests in Guardianship Matters

• Understanding Conflicts of Interest in Enduring Powers of Attorney in Western Australia

• Can Represented Persons Appoint Agents to Access Information Under the Guardianship and Administration Act 1990 (WA)?

• Addressing Conflicts of Interest in Guardianship and Administration Appointments: IC [2023] WASAT 33

Legal Representation and Best Practices in Guardianship Matters:

• Understanding the Role of Limited Administrators as Litigation Guardians in Western Australia

• When Less is More: Importance of Considering Less Restrictive Means in Guardianship and Administration

• The Risks of Using a Generalist Lawyer in Guardianship Matters

• The Role of Statutory Interpretation in Guardianship and Administration Proceedings in Western Australia

• Understanding Guardianship Matters: Assessing Evidence and Criteria in Western Australia

• Can a Represented Person Appoint an Agent under Section 77 of the Guardianship and Administration Act 1990 (WA)?

• Understanding Breaches of Undertakings in Guardianship Matters

• Coaching of Subjects and In Camera Evidence in Guardianship Matters: A Look at K [2018] WASAT 96

• Understanding the Extent to which a Guardian or Administrator is Entitled to See the Represented Person's Will in Guardianship Matters under the GA Act

• Factors to be considered in determining costs application in a guardianship and administration matter in the State Administrative Tribunal of Western Australia (other than pursuant to s 16(4))

• Determining Factors in a s16(4) Costs Application in a Guardianship and Administration Matter in Western Australia

• Awards of Costs in Guardianship Proceedings: Exceptions to the General Rule

Contact me

As one of the most experienced lawyers in WA in guardianship and administration - I will quickly be able to identify the main issues and provide guidance.

Email or call me for help.

FAQs

1. What services does a Guardianship & Administration Lawyer provide?

   As a Guardianship & Administration Lawyer, I provide advice on guardianship and administration applications, and I represent clients at hearings. I have extensive experience in these applications with the State Administrative Tribunal of Western Australia, and I have acted in numerous applications since 2017.

2. Why should I consider hiring a lawyer for guardianship and administration proceedings?

   Guardianship and administration orders can have serious consequences on an individual's decision-making autonomy, including their living arrangements, work, contact with others, medical treatment, and management of their estate and finances. Therefore, it is wise to seek legal advice to understand the implications and process thoroughly.

3. What are the potential consequences of a guardianship and/or administration order?

   A guardianship and/or administration order can significantly impact a person's decision-making autonomy. This includes deciding where to live and with whom, whether and what type of work they can do, who they have contact with, making decisions concerning medical treatment and consent to medical treatment, managing their estate, and making financial decisions relating to property and assets.

4. When is the Public Advocate or Public Trustee appointed as a guardian or administrator?

   In situations where there are no other suitable alternatives, the State Administrative Tribunal may appoint the Public Advocate or Public Trustee as guardian or administrator respectively. This usually happens in scenarios of family conflict or when a suitable family member or other guardian is not available.

5. How can you assist in situations where there is family conflict over guardianship or administration?

   I have considerable experience dealing with family conflict scenarios in guardianship or administration cases. I work to develop options that aim for our clients to retain decision-making powers despite such conflict. Oftentimes, the goal is to avoid the appointment of the Public Advocate or Public Trustee, and instead have a family member or a guardian of the client's choosing.

6. Can costs be awarded in guardianship matters?

   Yes, in some guardianship matters, costs can be awarded. I have successfully obtained costs orders for my clients in guardianship matters previously.

7. How do I navigate the Guardianship and Administration process in Western Australia?

   Navigating the guardianship and administration process can be challenging due to the complexity of the laws and procedures involved. I provide comprehensive guidance throughout this process, helping clients understand the guardianship and administration law in Western Australia, including the role of the Public Advocate at hearings, (if appropriate) how to rebut the presumption of capacity in guardianship matters and how best to prepare for hearings, as well as appearing for clients at hearings.

8. What should I know about Guardianship and Administration for specific conditions like Alzheimer's, Autism, Bipolar Disorder, etc.?

   Guardianship and Administration can be particularly important for individuals with specific conditions such as Alzheimer's disease, Autism, Bipolar Disorder, as well as many other conditions. My services include helping families and individuals navigate the legal frameworks for their specific situations, understanding the implications of these conditions on the appointment of guardians or administrators.

9. How do Advanced Health Directives, Enduring Powers of Guardianship, and Enduring Powers of Attorney work in Western Australia?

   Advanced Health Directives, Enduring Powers of Guardianship, and Enduring Powers of Attorney are legal documents that allow individuals to make important decisions about their future health care, financial decisions, and who will make decisions on their behalf if they are unable to do so themselves. Understanding these documents' validity and when they become valid in Western Australia is crucial, and I can provide advice and guidance in these matters.

10. How are mental capacity and cognitive assessments conducted for guardianship and administration matters?

    Mental capacity and cognitive assessments are crucial elements in guardianship and administration matters. These assessments help determine whether an individual is capable of making reasonable judgments for themselves. They often involve evaluations by healthcare professionals such as geriatricians, and may involve tools like the Montreal Cognitive Assessment Test. The presumption of capacity is a key principle in these matters and understanding when and how this presumption can be rebutted is crucial.

11. How do you protect vulnerable individuals and prevent abuse, especially in cases of dementia and elder abuse?

    Protecting vulnerable individuals, especially those with dementia and the elderly from abuse, is a significant part of guardianship and administration matters. This can involve implementing safeguards to protect individuals with dementia from financial abuse, addressing conflicts of interest in guardianship and administration appointments, and more. I provide comprehensive legal services to help protect these individuals and their interests.