HOW AND WHEN CAN THE GOVERNMENT HELP?
There are a number of mechanisms that the government has put in place to assist a person when they are no longer capable of making their own decisions:
If there is a debate over who is best placed to be a Statutory Health Attorney you can also apply to the Guardianship and Administration Tribunal to appoint an Adult Guardian.If the person does not have an Enduring Power of Attorney for personal matters or an Advance Health Directive and are assessed as lacking capacity to make their own heath decisions, someone may be called to act on their behalf as a Statutory Health Attorney. A family member, close friend or other carer may be appointed to take on this informal role. If a Statutory Health Attorney is unavailable, the Guardianship and Administration Tribunal may appoint an Adult Guardian as a Statutory Health Attorney of last resort. An Adult Guardian is authorised by the law to make health care decisions for the person with impaired competence.
The Guardianship and Administration Tribunal can also appoint a Guardian or Administrator for a person whose interests can not be meet any other way. Families and carers can suggest a person they feel would be most suitable to be a Guardian or Administrator - this person might be a family member, carer or friend.
Once the Application is received and assessed by the Guardianship and Administration Tribunal a hearing is conducted and all interested parties are invited to attend. At this hearing, the Guardianship and Administration Tribunal decides who will be appointed.
