Guardianship and Administration Board : Making an application

Making an application

Anyone who has a genuine concern for the welfare of a person with a decision-making disability can make an application to the Board.

The Board's office must be contacted for advice before an application is lodged.

When you contact the Board's office, an officer of the Board will discuss the issues with you and advise on whether a formal application is the appropriate course or if other less restrictive alternatives should be pursued.

Board Outcomes

The Guardianship and Administration Act clearly sets out the principles that must be observed when orders or other decisions are made.

The Board must take into acount these principles (set out in section 6 of the Act) when considering any matter that comes before it.

The three major principles are -

A function or power conferred, or duty imposed, by this Act is to be performed so that:

the means which is the least restrictive of a person's freedom of decision and action as is possible in the circumstances is adopted
the best interests of a person with a disability or in respect of whom an application is made under this Act are promoted
the wishes of a person with a disability or in respect of whom an application is made under this Act are, if possible, carried into effect

Board decisions remain in place for a maximum of three years and will then be reviewed. If major changes occur which may affect the decision made by the Board then an application for review may be made prior to the scheduled review date.

If you feel that the Board should conduct a review then you should contact the Board's office.

Applications

Very few people require an order of the Guardianship and Administration Board. Generally an application is only required if there is a problem that cannot be solved without a legally appointed decision-maker, this is extremely rare.

For more information please refer to the Board's Fact Sheets or contact the Board's Office on:

03 6233 3085

or, if you are calling from within Tasmania call

1300 799 625

The relevant Application Forms and Health Care Professional Report Forms can be sent out to you in hard copy if there is a need for an application to be made.

Below are electronic copies of the main Application Forms and Health Care Professional Report Forms which may be used, they are PDF files and you will need Adobe Reader to open them. To complete the forms you may print them out, or, alternatively you may complete them online.

The Board does not make available on the internet all of its Application Forms. If you are considering submitting an application seeking either Advice and Direction, Consent to Medical or Dental Treatment, or, the preparation of a Statutory Will, you are advised to contact an Investigation Officer of the the Guardianship and Administration Board for advice.

Before Downloading an Application Form:

Read the Fact Sheets

and then

Contact the Board's Office on 03 6233 3085 or 1300 799 625

If, after discussing the situation with the Board's staff, there is still a need for an Application, download only the Application Form and Health Care Professional Report Form that applies to your situation.

Please exercise care as:

Completing the incorrect Application Form or providing incomplete information may delay the processing of your Application.
Most Applications need to be accompanied by a relevant Health Care Professional Report before they can be accepted.
Some of the less common application types require specialised forms and these are not available here.

Forms

Capacity and the Law by Nick O'Neill