Guardianship and Administration Act 1995

The Tribunal, after a hearing, may make an order appointing a guardian for a person in respect of one or more personal matters if – an application for an order appointing a guardian, or for an order appointing an administrator, has been made to the Tribunal in respect of the person; and the Tribunal is satisfied that the person – has impaired decision-making ability in respect of decisions relating to those personal matters; and is in need of a guardian; and the Tribunal is satisfied that the order will promote the person's personal and social well-being.

For the purposes of subsection (1)(b)(ii), in determining whether a person is in need of a guardian, the Tribunal must consider the following:the wishes and preferences of the person, as far as they can be ascertained; whether the needs of the person could be met by other means less restrictive of that person’s freedom of decision and action; the wishes and preferences of any close family members, carers and other significant persons in the life of the person who are present at the hearing and are entitled to be heard at that hearing.

If the Tribunal makes a guardianship order under subsection (1), the order – is to specify the personal matters for which a guardian is required; and may be subject to such conditions or restrictions as the Tribunal considers necessary.

Two or more guardians for a person, each with authority in respect of different personal matters, may be appointed for that person under one or more guardianship orders.

An order made under this section may be expressed to take effect when the represented person attains the age of 18 years.