Guardianship and Administration Act 1990

Subject to any direction of the State Administrative Tribunal, a guardian must act according to the guardian’s opinion of the best interests of the represented person.

Without limiting the generality of subsection (1), a guardian acts in the best interests of a represented person if the guardian acts as far as possible —

as an advocate for the represented person;

in such a way as to encourage the represented person to live in the general community and participate as much as possible in the life of the community;

in such a way as to encourage and assist the represented person to become capable of caring for themself and of making reasonable judgments in respect of matters relating to their person;

in such a way as to protect the represented person from neglect, abuse or exploitation;

in consultation with the represented person, taking into account, as far as possible, the wishes of that person as expressed, in whatever manner, or as gathered from the person’s previous actions;

in the manner that is least restrictive of the rights, while consistent with the proper protection, of the represented person;

in such a way as to maintain any supportive relationships the represented person has; and

in such a way as to maintain the represented person’s familiar cultural, linguistic and religious environment.

Without limiting the generality of subsection (1), a guardian acts in the best interests of a represented person in making a research decision in relation to the represented person if the guardian acts in accordance with sections 110ZR and 110ZT.

Nothing in subsection (2)(a) is to be read as authorising a guardian to act contrary to the Legal Profession Uniform Law (WA).