The Guardianship Tribunal can review the appointment of an Enduring Guardian on its own motion or at the request of anyone who the Tribunal considers has a genuine concern for the welfare of the person.
When reviewing an enduring guardianship appointment, the Tribunal may decide to revoke the appointment. If it does so, the Tribunal may proceed as if an application for guardianship (and financial management, if necessary in the circumstances) had been made and make orders accordingly.
Financial management and guardianship orders have a significant legal affect and an appointed substitute decision maker can overrule the person’s decisions if necessary. The Tribunal only makes orders when all other attempts to resolve the situation have failed. Some of the things to consider before making an application to the Tribunal include:
- Can additional informal supports be provided to the person?
- Could extra services assist in resolving the person’s difficulties?
- Could mediation be used to resolve conflict? Community Justice Centres provide professional mediation services free of charge.
- Is there a Person Responsible who can make decisions about medical treatment?
Preparing for hearings
The Guardianship Tribunal will require evidence about the person’s disability, incapacity and need. Such information may include;
- Disability: assessments from doctors, psychiatrists, neuropsychologists.
- Incapacity: reports from medical practitioners, occupational therapists, social workers and service providers giving examples of the person’s incapacity and the negative affect on their lives.
- Need: there must be a current need for decisions that a guardian or financial manager could implement.
The Guardianship Tribunal provides more information about how to apply and preparing for hearings.