What is Administration and Guardianship?
If a person can no longer make reasonable judgments because of a disability, such as a cognitive impairment (i.e. dementia) or a physical disability, the governing body of the relevant Australian State or Territory can make orders in respect of the ongoing management of that person’s financial affairs (Administration) and medical/health/lifestyle matters (Guardianship) by appointing a person, persons, professional trustee, trustee company (in the case of Administration) or government guardian (in the case of Guardianship) to act in such a role or roles.
Applications for Administration and Guardianship can be made by any interested person and are generally made on behalf of a person who did not make a valid Enduring Power of Attorney in respect of financial, medical and health/lifestyle matters, prior to losing the legal capacity to do so.
Applications to the Tribunal can also be made in respect of concerns around the abuse or misuse of a Power of Attorney by the appointed attorney and compensation orders can be made by the Tribunal.
Our Services
- Challenging Powers of Attorney;
- Advise on capacity, undue influence and elder abuse issues;
- Prepare and advise on applications to the governing body in all Australian states and territories in respect of administration and guardianship appointments;
- Advise on legal recourse available regarding alleged misappropriation of funds by attorneys.
Elder Abuse
Elder abuse is any act which causes harm to an older person and is carried out by someone they know and trust.
We can compassionately assist clients affected by such elder abuse, or the administrators for such clients in:
- Recovering financial losses and funds which have been misappropriated;
- Overturning property transfers;
- Making applications to the relevant Tribunal regarding the revocation of Powers of Attorney, compensation orders and/or the appointment of replacement administrators and guardians; and
- Bringing applications against professionals who have breached their ethical and professional duties of care towards such clients.
