When a loved one loses the capacity to make decisions about their personal welfare or financial affairs, families often face complex legal and emotional challenges. In Western Australia, the State Administrative Tribunal (SAT) plays a central role in resolving these issues through guardianship and administration proceedings under the Guardianship and Administration Act 1990.
What Are Guardianship and Administration Orders?
These orders are protective legal mechanisms designed to support adults who are unable to make reasonable decisions due to cognitive impairment, illness, or disability.
- Guardianship Orders appoint a person (the guardian) to make personal and lifestyle decisions such as where the person lives, who they associate with, and medical treatment choices.
- Administration Orders appoint someone (the administrator) to manage financial and legal matters like paying bills, managing property, or handling investments.
Both roles carry significant responsibility and must be exercised in the best interests of the person under the order (known as “the subject”).
The Role of the State Administrative Tribunal (SAT)
SAT is a specialist tribunal that hears applications for guardianship and administration orders. It is not a court, but it operates with legal authority and procedural fairness. SAT’s approach is inquisitorial rather than adversarial, meaning its focus is on uncovering the facts and determining what is best for the subject not resolving disputes between parties.
Key Functions of SAT in These Matters:
- Appointing or reviewing guardians and administrators
- Deciding on powers of attorney or enduring powers of guardianship
- Considering applications related to medical treatment, including advanced health directives and consent for procedures
- Reviewing decisions about participation in medical research under Part 9E of the Act
Making an Application to SAT
Anyone with a genuine interest in the welfare of the subject family members, carers, or professionals can apply to SAT. The application must include:
- Evidence of the subject’s incapacity (usually medical reports)
- Details of the proposed guardian or administrator
- Information about the subject’s circumstances and needs
SAT will notify all relevant parties and schedule a hearing, which may be held in person or remotely.
What Happens at the Hearing?
The hearing is conducted by a SAT Member, who listens to all parties, reviews the evidence, and determines whether an order is necessary. The subject has the right to attend, express their views, and request access to documents on file. If they disagree with the application, they may submit a second medical opinion and written objections before the hearing.
SAT decisions are guided by principles of dignity, autonomy, and the least restrictive option. Orders are only made when absolutely necessary, and they are subject to periodic review.
Final Thoughts
Guardianship and administration matters are deeply personal and legally nuanced. SAT provides a structured, compassionate framework for resolving these issues, but the process can be daunting without guidance. Whether you’re applying for an order or responding to one, it’s essential to understand your rights, responsibilities, and the principles that guide SAT’s decisions.
If you or someone you care for is facing these challenges, seeking legal advice early can make all the difference. At SAMS Legal, we’re here to help you navigate the process with clarity, empathy, and professionalism.