Information for service providers
What is guardianship?
Guardianship is an important safeguard for people with decision-making disabilities in our community.
The appointment of a guardian, either by the donor when they have the capacity to appoint an Enduring Guardian or by the Tasmanian Civil and Administrative Tribunal, gives the guardian the ability to make personal decisions on behalf of the represented person. Depending upon the terms of the appointment, these decisions may include where the person lives, who they live with, their contact with others, their access to support and medical treatment decisions.
More information on guardianship is available on the about guardianship page.
Who is the Public Guardian?
The Public Guardian is appointed as guardian of last resort - only where there is no other less restrictive means of achieving a result that is in the best interests of the person.
The Public Guardian is appointed for a limited period of time with the authority to make decisions in one or more areas of the person’s life. This authority is delegated to the staff of the OPG (guardians).
The Public Guardian’s responsibility is to make decisions that are considered to be in the best interests of the represented person and according to their wishes, wherever possible.
More information on the Public Guardian is available via the About us webpage.
What is the difference between the Public Guardian, the Public Trustee and the Tribunal?
Tasmanian Civil and Administrative Tribunal - Protective Division, Guardianship Stream.
- The Tribunal can make decisions for the benefit of persons who have a disability and are unable to make reasonable judgements about lifestyle and financial matters.
- more information is available from their website www.tascat.tas.gov.au/guardianship
Tasmanian Public Trustee (TPT)
- The Public Trustee can be appointed as a person's financial administrator when there is no private administrator available
- more information is available from their website www.publictrustee.tas.gov.au
The Office of the Public Guardian (OPG)
- the Public Guardian can be appointed as a person's guardian when there is no private guardian available
Administrators manage the finances and property on behalf of an adult with a disability who lacks the capacity to make reasonable decisions about their property and financial affairs.
Guardians make personal and lifestyle decisions on behalf of an adult with a disability who lacks the capacity to make reasonable decisions.
How do I make an application for guardianship or administration?
Application forms for appointment of a guardian or administrator can be located on the Tasmanian Civil and Administrative Tribunal website.
Applicants are encouraged to contact the Tribunal or the Office of the Public Guardian prior to making an application.
In urgent situations, a request for an Emergency Guardianship or Administration can be made.
More information on making an application is available on the applying for guardianship webpage.
Education for service providers
The Public Guardian is available to provide education sessions for an organisation or group of interested parties. These sessions can be tailored to the group’s particular area of interest, topics may include:
- Guardianship and Administration
- Decision-making principles and practices
- Other substitute decision-makers (for example Enduring Guardians and Powers of Attorney)
More information, including a request form, is available from the community education webpage.
the NDIS and the Public Guardian
More information on the role of the Public Guardian as it relates to NDIS decision making can be found in the NDIS Service Provision and Guardianship section of the website.