Guardianship and Administration Act 1993 (SA)

South Australia Guardianship and Administration Act 1993 An Act to provide for the guardianship of persons unable to look after their own health, safety or welfare or to manage their own affairs and for the management of the estates of such persons; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Interaction of this Act with other Acts 5 Principles to be observed Part 2—Administration Division 3—The Public Advocate 18 The Public Advocate 19 Appointment of Public Advocate 20 Term of office of Public Advocate etc 21 General functions of Public Advocate 22 Public Advocate may raise matters with the Minister and the Attorney‑General 23 Delegation by Public Advocate 24 Annual report Part 4—Orders for guardianship or administration Division 1—Investigations 28 Investigations by Public Advocate Division 2—Guardianship orders 29 Guardianship orders 30 Variation or revocation of guardianship order 31 Powers of guardian 31A Guardian to give effect to advance care directive 31B Alternative guardian 32 Special powers to place and detain etc protected persons 33 Applications under this Division 34 Reciprocal guardianship arrangements Division 3—Administration orders (general) 35 Administration orders 36 Variation or revocation of administration order 37 Applications under this Division 38 Copy of order must be forwarded to Public Trustee 39 Powers and duties of administrator 40 Administrator's access to wills and other records 41 Power of administrator to continue to act after death etc of protected person 42 Power of administrator to avoid dispositions and contracts of protected person 43 Where administration has disturbed entitlements of beneficiaries, the Supreme Court has power to intervene 44 Reporting requirements for private administrators 45 Reporting by Public Trustee 46 Remuneration of professional administrators 47 Registration of administration orders 48 Reciprocal administration powers with certain states Division 3A—Administration orders (missing persons) 48A Administration orders (missing persons) Division 4—Provisions applicable to guardians and administrators appointed under this Part 49 Withdrawal of applications 50 Criteria for determining suitability for appointment 51 Consent to appointment 52 Joint appointments 54 Termination of appointment 55 Tribunal must give statement of appeal rights 56 Restriction of testamentary capacity of protected person 57 Review of Tribunal's orders Part 5—Consent to prescribed medical treatment of mentally incapacitated persons 61 Prescribed treatment not to be carried out without Tribunal's consent 63 Tribunal's consent must be in writing Part 6—Reviews and appeals 64 Reviews and appeals 65 Representation on reviews or appeals Part 6A—Special provisions relating to Tribunal 66 Tribunal must give notice of proceedings 67 Reasons for decisions 68 Representation of person who is subject of proceedings 69 Tribunal may require reports Part 7—Miscellaneous 74 Tribunal may give advice, direction or approval 75 Administrators and guardians to keep each other informed 76 Illtreatment or neglect of person with mental incapacity 77 Offences in relation to certain certificates and reports 78 Medical practitioner, psychologist or other health professional cannot act under this Act in respect of a relative 80 Duty to maintain confidentiality 81 Prohibition of publication of reports of proceedings 82 Service of notices 85 Regulations Legislative history