Western Australia's new Public Guardian was today invested with formal powers to represent the interests of incapable people who have no parents, next of kin or other suitable person willing to act as their guardian.
Attorney General Joe Berinson said the move was part of a package of measures being phased in by the Government to enhance the position of people unable to make decisions for themselves due to age, mental illness, or intellectual disability.
While the relevant sections of the Guardianship and Administration Act were not due to come into effect till today, Mr Berinson said the appointment of Ms Imelda Dodds as Public Guardian was made several months ago to ensure the office could commence operations immediately from July 1.
In addition to acting as a guardian, other functions of the Public Guardian will include:
· investigating any complaint or allegation that a person is in need of a guardian or administrator;
· providing information and advice to other people acting as guardians or administrators;
· promoting greater public awareness of the rights of people subject to guardianship or administration orders; and
· promoting family and community responsibility for guardianship.
Mr Berinson said the next phase of the Government's efforts to protect vulnerable people would be the appointment of a special Guardianship and Administration Board.
The board - whose members would be announced later this month - would have authority to appoint guardians and administrators for incapable persons, replacing the complicated and expensive court procedures currently required.
He stressed that a guardianship order would not be made if the needs of the person could be met by other means less restrictive of their freedom.
The board would be chaired by a Supreme Court judge, and once the members were appointed, it would spend several months setting in place its operational procedures, with its full powers to be invoked from September 30.
Mr Berinson said a further change coming into effect today was the provision for an enduring power of attorney.
This relates to situations where a competent person has given a power of attorney over his or her affairs. Previously, that power became invalid if the person later became incapable through injury, age or other circumstances. The change means the original power of attorney would now remain valid.
A person may also sign a power of attorney to come into effect when they are no longer capable.
"This not only overcomes difficulties experienced where a person who becomes incapable is suddenly without assistance, even though they had previously authorised a power of attorney over their affairs. It also allows people to plan ahead for the possibility that they may become incapable of decision-making," Mr Berinson said.
He said a special 'guardianship hotline' would be run by the Office of Seniors' Interests in conjunction with the Public Guardian and Alzheimer's Association from July 20-24. Representatives of the office of the Public Guardian and the Alzheimer's Association would answer queries. The phone numbers would be 09-3289155 or toll free 008-199087.
The Public Guardian, Ms Imelda Dodds, could be contacted on (w) 2617620.
