A person who is unable to make certain decisions about, or who is unable to manage their money, their legal or business affairs, because of a mental incapacity has his or her rights protected by the law. SACAT can appoint a person as an administrator who acts in the place of the person with incapacity and makes decisions.
SACAT deals with the following types of applications in this area:
- appointing an administrator under an administration order to make decisions about the legal, financial and business affairs of a person
- revoking the appointment of a particular administrator and appointing another
- providing advice or directions to an administrator under an order
- approving payment of money as gifts to the protected person’s children or grandchildren, for accommodation expenses and for the maintenance of a spouse or domestic partner
- making urgent orders if there is an immediate risk to the protected person’s assets
- approving the sale of real estate
- giving directions about the making of testamentary provisions
- changing or revoking a previous administration order.
SACAT does not:
- appoint an administrator for children under the age of 18
- remove a person’s assets or finances from them or manage a person’s assets and finances for them. SACAT decides if the person needs someone else appointed to manage their assets and income for them in order to protect the person and his or her income and assets.
Do you need to apply? SACAT need not:
- appoint an administrator in cases where a person with a mental incapacity is coping well or has appropriate supports in place through ‘informal arrangements’
- appoint an administrator when other formal legal protections are already in place and are working well and there is no good reason to disturb those arrangements (such as an Enduring Power of Attorney)
SACAT is also able to:
- appoint a guardian in certain circumstances to make decisions about the medical treatment, living situation or lifestyle decisions for a person with mental incapacity
- make certain decisions about advance care directives
- provide consent to medical treatment, consent to prescribed psychiatric treatment and consent to prescribed medical treatment in certain circumstances
- review mediation decisions by the OPA and make directions and declarations about consent to treatment decisions and advance care directives in certain circumstances.
- make and review treatment orders for people with mental illness.
Find out more about bringing an application to SACAT:
- Apply to SACAT
- When you make an application for an administration order you will need to submit a medical report form. You can complete this form on your computer or print and complete it in hard copy: medical report form.
- Steps in resolving an issue
- Preparing for a hearing or conciliation
- Fees and charges - there are no fees in the Community Stream of SACAT.
Organisations that may be able to assist you in administration matters:
- South Australian Civil and Administrative Tribunal Act 2013
- Guardianship and Administration Act 1993
- Consent to Medical Treatment and Palliative Care Act 1995
- Advance Care Directives Act 2013
- Mental Health Act 2009
- Powers of Attorney and Agency Act 1984