The Tribunal revoked all guardianship and administration orders made on 21 January 2026, finding that the presumption of capacity under s 4 of the Guardianship and Administration Act 1990 (WA) was not displaced. On the facts, the treating psychiatrist's oral evidence at the review hearing renounced prior written diagnoses and confirmed the represented person had capacity, with his 'shutting down' being a conscious behavioural choice rather than a cognitive deficit; the Public Trustee's evidence showed the person could budget within an allowance without seeking advances. The Tribunal expressed serious concerns about potential misuse of the GA Act regime by the represented person and his supporters to co-opt public agencies as leverage in a private family dispute, and recommended that the NDIA review the person's NDIS package and the oversight of providers engaged under it.
The full text is available to signed-in members.