Guardianship

A person who is unable to make certain decisions about their personal health and living circumstances due to mental incapacity has their rights and interests protected by the law. SACAT can appoint a guardian under a guardianship order to make accommodation, health and lifestyle decisions to support a person who has mental incapacity. 

SACAT deals with the following types of applications in this area:

  • appointing a guardian to make decisions about the medical, accommodation, health and lifestyle decisions for a person with mental incapacity
  • cancelling the appointment of a particular guardian
  • providing advice or directions to a guardian
  • consenting to prescribed medical treatment
  • making additional orders to grant special powers authorising the use of force to ensure proper treatment and care, restriction of movement and detention 
  • changing or cancelling a previous guardianship order.

SACAT does not: 

  • appoint a guardian for children under the age of 18.

Do you need to apply? SACAT need not:

  • appoint a guardian in cases where a person with a mental incapacity is coping well or has appropriate supports in place through ‘informal arrangements’ 
  • appoint a guardian when other formal legal protections are already in place and are working well together with informal arrangements (such protections are put in place before a person loses mental capacity and include an advance care directive, an enduring power of guardianship or a medical power of attorney). 

SACAT is also able to:

Find out more about bringing an application to SACAT:


Organisations that may help you in guardianship matters:

See more organisations 

Relevant legislation:

See SACAT jurisdictions