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When is there a need for a guardian


Most people with a disability don't need a guardian and they can be supported to make their own decisions. However if a person has a disability which affects their ability to weigh up information to make a decision in their best interests, even with support, they may need a guardian.

There may also be a need for a guardian when:

  • the person does not have anyone who can help them make a decision

  • family and friends disagree about what is in the best interests of the person

  • there are no appropriate arrangements already in place to assist or support the person to make a decision

  • there are legal requirements, such as the need for someone to provide valid consent to behaviour intervention with an element of restraint

  • the person with a disability is at risk of abuse, neglect or exploitation as a result of their lifestyle or because of the actions of other people involved in their life.

If you think you know someone who may need a guardian you can contact us or the Guardianship Tribunal for more information.