Frequently Asked Questions
Guardianship and Administration
Is there a difference between Guardianship and Administration?
Yes.
Guardianship is when a substitute decision-maker (a private or public guardian) is appointed to help make important health and lifestyle decisions. Decisions may include:
- where a person lives
- With whom a person lives
- what kind of supports a person receives
- what health care a person receives (including medications)
- decisions about medical and dental procedures
- assistance with legal matters
Administration is when an administrator (a private administrator or the Public Trustee) is appointed to help make decisions that can include:
- making sure bills and debts are paid
- making sure a person's financial well-being is being promoted and protected
- help to set goals for saving and budgeting
- support a person to manage their finances
Who can be appointed as a Guardian or Administrator?
Anyone can apply to be a guardian or administrator for a family member or friend. When an application for guardianship and/or administration is received by the Tasmanian Civil and Administrative Tribunal (TasCAT) a hearing is held to help decide if a person needs to have a guardian and/or administrator appointed, and if so, who the best person would be to fulfil these roles.
When deciding who to appoint as guardian and/or administrator, TasCAT will consider who is most suitable to carry out the role. Where appropriate a private guardian and administrator can be appointed. The appointment of the Public Guardian and Public Trustee is considered a last resort.
How do I apply for Guardianship an/or Administration?
Applications for Guardianship and/or Administration are made through TasCAT. Application forms, including fact sheets, can be found on the TasCAT website Application forms | Guardianship Stream (TASCAT). For help in completing an application, or assistance in understanding documentation that is required, TasCAT can be contacted on 1800 657 500 (follow prompts for he guardianship stream), or by visiting their office at 38 Barrack Street in Hobart.
What can I expect when the Office of the Public Guardian is appointed as guardian?
Following a hearing where the Office of the Public guardian has been appointed, the appointed guardian will contact the represented person and their supports (family, support workers, treating doctors etc) to introduce themselves and to discuss the ways they'll be able to support the person in their decision making. Where possible, the guardian will always advocate for supported decision making. This involves building the skills and knowledge of people with a disability, their friends, families, carers and professionals to support the person to make decisions to maintain choice and control of the decisions that affect their life.
The guardian will keep in contact with the person to ensure they are able to participate in decision-making and they are informed about any decisions made, information obtained, and steps taken by the guardian. This could be regularly through a phone call or through a planned visit. The guardian will also regularly engage with the persons supports to discuss progress and any concerns that may arise.
Each year the guardian is required to write an annual report, outlining the decisions they have supported or made for the person, which is submitted to TasCAT. When the time comes to review the person's order a decision will be made about whether the order should continue or be revoked.
At all times during a guardianship order, the guardian can be contacted to answer any questions or concerns a person or their supports may have.
How do guardians make decisions for a person?
The kinds of decisions an appointed guardian can support or make are outlined in the Order that is made by TasCAT. It's important to note that the appointed guardian is not responsible for making all decisions for a person, only those outlined in the Order. For example, the appointed guardian may have powers to make decisions around medical treatments, but not about what support services a person receives or where they live.
When possible, guardians will make supported decisions. This involves building the skills and knowledge of people with a disability, their friends, families, carers and professionals to support the person to make decisions to remain in control of their life.
Sometimes a supported decision cannot be made and the appointed guardian will need to make the decision for the person. In these instances, the guardian will always consider the views and wishes expressed by the person and the views of other important people in the persons life.
What can I do if I am not happy with a decision that has been made by a guardian?
You have the right to speak up if you have concerns about a decision that has been made by a guardian.
If you have concerns about decisions being made by a privately appointed guardian (either appointed by the Tribunal or through an Enduring Guardianship instrument), you can call the Office of the Public Guardian on 6165 3444. While private guardians are not the responsibility of the OPG, there are options to begin an investigation around concerns that have been raised (please see information below about investigations).
If you are unhappy about a decision made by a guardian working for the Office of the Public Guardian you can raise these concerns either in writing by emailing opgfeedback@publicguardian.tas.gov.au or by calling our office on 1800 955 772 where you can request to either speak with the appointed guardian or to the Acting Public Guardian, Angela McCrossen.
I have a Guardianship/Administration Order in place and want to change my Guardian/Administrator. How do I do this?
You can request changes to your Order, including changing who your guardian or administrator is, by completing a Review of Order form from the TasCAT website Application-for-Review-of-Order-.pdf (tascat.tas.gov.au)
I have submitted an application for Guardianship/Administration but would like to withdraw it. Can I do this?
Yes. If you have made an application, but there has been a change of mind or circumstance, you can submit a Request to Withdraw an Application form from the TasCAT website Request-to-Withdraw-an-Application-.pdf (tascat.tas.gov.au)
I have a Guardianship/Administration Order in place, but want to end it. How do I do this?
You can request your Order be considered for review or revocation by submitting a Review of Order form from the TasCAT website Application-for-Review-of-Order-.pdf (tascat.tas.gov.au)
A person who is under a Guardianship/Administration Order has passed away. Who do I need to notify?
If a person who is under a Guardianship/Administration Order passes away, you can notify the Office of the Public Guardian and/or the Public Trustee to inform them of the date of death. You do not need to supply a death certificate. The Office of the Public Guardian can be contacted on 1800 955 772 or by emailing Public.Guardian@publicguardian.tas.gov.au . The Public Trustee can be contacted on (03) 6235 5200 or by emailing TPT@publictrustee.tas.gov.au . Following the death of a represented person our guardians will contact interested parties and TasCAT to notify of the death.
How can I find out more about Guardianship/Administration?
If you'd like to know more about Guardianship, you can contact the Office of the Public Guardian by calling 1800 955 772 to speak with a guardian or by emailing Public.Guardian@publicguardian.tas.gov.au .
If you'd like to learn more about Administration, you can contact the Public Trustee by calling (03) 6235 5200, or by emailing TPT@publictrustee.tas.gov.au . There is also a lot of helpful information on the Public Trustee's website.
Emergency Orders
Sometimes there is an urgent need to protect a person and/or their estate from harm. In these instances, Emergency Guardianship or Emergency Administration Orders can be made.
How can I apply for an Emergency Guardianship/Administration Order?
An application for an Emergency Order can be made by filling out the Request for Emergency Order form on the TasCAT website Application-for-Emergency-Request.pdf (tascat.tas.gov.au)
Can Emergency Orders be made outside of normal business hours?
Yes.
You should discuss the application with Office of the Public Guardian staff by calling 6165 3444 (Monday-Friday 5pm-11pm, weekends and public holidays 8am-11pm).
Who can be appointed as Guardian or Administrator for Emergency Orders?
If the person subject to the Emergency Guardianship application is already a represented person under an existing arrangement, such as an enduring guardianship, the Tribunal may make any order or give any direction considered appropriate in the circumstances. In respect of a person who is not already a represented person, and where the Tribunal considers that there may be grounds for making a guardianship/administration order, they may only appoint the Public Guardian as his or her guardian, or the Public Trustee as administrator of his or her estate.
How long does an Emergency Order last?
Typically, an Emergency Order lasts for a maximum of 28 days, though sometimes they can be as short as a few days.
Can an Emergency Order be renewed?
Yes.
An Application for Request to Renew Emergency Order form can be found on the TasCAT website Application-for-Request-to-Renew-Emergency-Order.pdf (tascat.tas.gov.au)
Enduring Guardianship and Enduring Power of Attorney
Is there a difference between an Enduring Guardian and an Enduring Power of Attorney?
Yes.
An Enduring Guardian is a person you appoint to make decisions about your lifestyle and personal circumstances (for example, where you live, health care, service provision) in the event you are unable to make decisions due to cognitive impairment. An Enduring Guardian Instrument safeguards your wishes regarding who you would like to make decisions for you in the event of an accident, illness or disability (such as dementia) which impairs your decision-making ability.
An Enduring Power of Attorney (EPOA) is a legal document which allows you to appoint one or more people to make financial and property decisions on your behalf in the event you are unable to due to cognitive impairment. An Enduring Power of Attorney Instrument safeguards your wishes regarding who you would like to make decisions for you in the event of an accident, illness or disability (such as dementia) which impairs your decision-making capacity.
How do I apply for an Enduring Guardianship Instrument?
An enduring guardianship instrument must be made whilst you have decision-making capacity. If you lose decision-making ability, an enduring guardianship instrument cannot be signed. Applications for Enduring Guardianship are made through the Tasmanian Civil and Administrative Tribunal (TasCAT). The application form can be found on their website Instrument-Appointing-Enduring-Guardian.pdf (tascat.tas.gov.au)
How do I apply for an Enduring Power of Attorney?
Applications for Enduring Power of Attorneys are made through the Land Titles Office. The application form can be found on their website Powers of Attorney | Department of Natural Resources and Environment Tasmania (nre.tas.gov.au)
Does it cost anything to apply for an Enduring Guardianship or an Enduring Power of Attorney?
Yes.
Applying for an Enduring Guardianship is $80.10. Revoking (or removing) an Enduring Guardianship is $56.96.
Applying for an Enduring Power of Attorney is $161.09. Revoking an Enduring Power of Attorney is $125.49.
Please note: prices listed above are current as at April 2024.
I have an Enduring Guardianship Instrument and an Advanced Care Directive. Which one takes presendence?
If you have completed an ACD and Enduring Guardianship Instrument, and where there are inconsistencies between a provision in an ACD and a direction within an instrument appointing an enduring guardian, the advance care directive takes precedence.
Advance Care Directives
What is an Advance Care Directive?
An Advance Care Directive (or ACD) is a document used to record important values and preferences in relation to your health care and medical treatment. It can also be used to refuse specific treatment in the event you are unable to make your own medical treatment decisions. More information can be found in our Advance Care Directive section Dispute Resolution | Office of the Public Guardian
Can I make an Advance Care Directive for my loved one?
No.
An ACD must be completed by or under the direction of the person themselves whilst they have decision-making ability. If a person is unable to make healthcare decisions, you can find more information about substitute decision-making roles such as person responsible or guardianship under the guardianship section of our website Guardianship | Office of the Public Guardian
If a person doesn't have an ACD, you can still support them to have conversations with relevant professionals about end-of-life care, and to express their values and preferences in regard to medical treatment.
Can I give an ACD in a language other than English?
No.
ACDs need to be recorded in English. This is so that the medical and other health professionals who need to rely on them can access the information quickly and easily. You can complete an ACD with the help of a translator or interpreter. The translator or interpreter must be qualified and cannot be a family member or friend.
How do I register an ACD?
It is strongly recommended that you register your ACD and update the register any time you make changes, Further information about how to register, revoke or vary an ACD can be found in the TasCAT Advanced Care Directive Fact Sheet Advance-Care-Directive-Fact-Sheet.pdf (tascat.tas.gov.au)
It is a good idea to also provide copies of your current ACD to your GP and any other health professionals you are working with.
Does it cost anything to register an ACD?
No.
I completed an ACD in another state/territory, can I register it in Tasmania?
If you are still able to make decisions, we recommend that you complete a new Tasmania ACD, register it with TasCAT and revoke your previous one.
If a person cannot give a new ACD under Tasmanian law, there are provisions under the Guardianship and Administration Act 1995 (Tas) for the recognition of interstate ACDs. Further information about recognition of interstate ACDs should be obtained from TasCAT. Whether an interstate ACD is formally recognised as valid or not, it can still be considered as an expression of a person's preferences and values.
Dispute Resolution Service
How do you resolve disputes?
The Dispute Resolution Service (DRS) gives information to help people understand their rights and responsibilities under the Guardianship and Administration Act 1995.
We also facilitate mediation and family meetings to help people communicate about decision-making and disagreements.
If there is no agreement reached, then parties can choose to apply to TasCAT for orders to be made.
It might not be appropriate to mediate if there is evidence of elder abuse or if there is a risk to someone's safety.
Do I have to attend Dispute Resolution Service/Mediation?
No.
It is voluntary to participate in our process.
We will include the person at the centre of the dispute as much as possible. We will try to obtain their wishes/views on the situation. Our staff will not cause any undue stress to the person.
Is the process confidential?
Yes, whatever you say to the mediator is confidential unless you agree for information to be shared.
Is there a cost for accessing the Dispute Resolution Service?
Our Dispute Resolution Service is free.
Investigations
I'm concerned an appointed Guardian/Administrator/Enduring Power of Attorney is not acting in the best interests of their represented person. What can I do?
If you have concerns about the conduct of an appointed private Guardian, Administrator or Enduring Power of Attorney you should contact the Office of the Public Guardian.
Section 17(1) of the Guardianship and Administration Act 1995 authorises the Public Guardian and its delegates to investigate matters where complaints and allegation are made in relation to the conduct of an appointed Guardian, Administrator or Enduring Power of Attorney.
If you have concerns, please call 1800 955 772.
Can the Office of the Public Guardian be directed to undertake an investigation?
Yes.
Under section 17(2) of the Act, the Public Guardian can be appointed by TasCAT to undertake an investigation in relation to a matter that is the subject of an inquiry before the Tribunal. When appointed, the Public Guardian must provide a report to TasCAT on the investigation undertaken.
TasCAT can appoint the Public Guardian under a guardianship or interim guardianship order (with or without other powers) with a direction to investigate. Generally, the Tribunal will set out the specific matters, issues or questions that require investigation.
Can the Office of the Public Guardian undertake own motion investigations?
Yes.
Under section 17 (1A) of the Guardianship and Administration Act 1995 the Public Guardian may, of its own motion or following a complaint or allegation, investigate any matter relating to action taken or proposed to be taken in relation to an Advance Cared Directive.
Helpful contact details
General contacts
Office of the Public Guardian
Address: Level 1 54 Victoria Street, Hobart
Phone: 1800 955 772
Email: Public.Guardian@publiguardian.tas.gov.au
The Public Trustee
Address: 116 Murray Street, Hobart
Phone: (03) 6235 5200
Email: TPT@publictrustee.tas.gov.au
Website: Home - Public Trustee
The Tasmanian Civil and Administrative Tribunal (TasCAT)
Website: TASCAT - Tasmanian Civil & Administrative Tribunal
Hobart
Address: 38 Barrack Street, Hobart
Phone: 1800 657 500
Email: Guardianship@tascat.tas.gov.au
Launceston
Address: Level 1 111 St John Street, Launceston
Devonport
Address: 57-59 Oldaker Street, Devonport
Burnie
Address: Reece House, 46 Mount Street, Burnie
Lands Titles Office
Address: 1/134 Macquarie Street, Hobart
Phone: (03) 6165 4444
Website: Land Titles Office | Department of Natural Resources and Environment Tasmania (nre.tas.gov.au)
Advocacy Tasmania
Website: Advocacy Tasmania - Need help to have your say : Advocacy Tasmania
Phone: 1800 005 131
Legal assistance
Legal Aid Tasmania
Website: legalaid.tas.gov.au
Hobart
Address: 158 Liverpool Street, Hobart
Phone: (03) 6236 3800
Launceston
Address: 64 Cameron Street, Launceston
Phone: (03) 6328 4000
Devonport
Address: 8 Griffith Street, Devonport
Phone: (03) 6423 8444
Burnie
Address: 50 Alexander Street, Burnie
Phone: (03) 6432 5000
Women's Legal Service Tasmania
Website: Home - Womens Legal Service Tasmania (womenslegaltas.org.au)
Legal Advice
1800 682 468
Administration and service provider enquiries
(03) 6231 9466
North-West Tasmania Specialist Family Violence Unit
Address:60A Wilmot Street, Burnie
Ph: (03) 6419 7050
Northern Tasmania Specialist Family Violence Unit
Address: Level 1, 87-91 Brisbane Street, Launceston
Ph: (03) 6349 1943
Aboriginal and Torres Strait Islander supports
Tasmanian Aboriginal Centre
Free call state-wide: 1800 132 260
Website: Tasmanian Aboriginal Centre (tacinc.com.au)
Hobart
Address: 198 Elizabeth Street, Hobart
Postal address: GPO Box 569, Hobart TAS 7001
Ph: (03) 6234 0700
Email: hobart@tacinc.com.au
Launceston
Address: 182 Charles Street, Launceston
Postal address: PO Box 531, Launceston TAS 7250
Ph: (03) 6332 3800
Email: launceston@tacinc.com.au
Burnie
Address: 53 Alexander Street, Burnie
Ph: (03) 6436 4100
Email: burnie@tacinc.com.au
Tasmanian Aboriginal Health Service
Address: 56 Patrick Street, Hobart
Ph: (03) 6234 0777
Email: ahs@tacinc.com.au
Kutalayna Health
Address: Community Health Centre, 27 Green Point Road, Bridgewater
Ph: (03) 6234 0753
Karadi Aboriginal Corporation
Address: 4 Rothesay Circle, Goodwood
Ph: (03) 6272 3511
Website: » Karadi – Karadi Aboriginal Corporation, Tasmania
Tasmanian Aboriginal Legal Service
Free call state-wide: 1800 595 162
Email: tals@tals.net.au
Website: Tasmanian Aboriginal Legal Service | TALS
Hobart
Address: Level 4, 152 Macquarie Street, Hobart
Launceston
Address: Level 1, 67-69 Brisbane Street, Launceston
Burnie
Address: 17 Cattley Street, Burnie