❓ Ms. Quirk raises concerns about nursing homes seeking guardianship of patients to exclude relatives. The Attorney General responded, highlighting the SAT's independence, the Act's focus on the patient's best interests, and a forthcoming statutory review of the Act.
AnsweredQoN 8742Legislative Assembly
QuestionView source ↗
I refer to an emerging practice of nursing home proprietors or health professionals applying to the State Administrative Tribunal (SAT) for state guardianship of elderly and infirm patients in order to exclude relatives with capacity from participating in decisions on health care for their loved ones, and in some cases also seeking violence restraining orders, and I ask:
(a) is the government aware of this issue;
(b) what steps are being taken to investigate these matters;
(c) is there the need for the SAT to undertake a review of these cases to identify emerging trends;
(d) if not, is an independent review is warranted; and
(e) if not, why not?
(a) is the government aware of this issue;
(b) what steps are being taken to investigate these matters;
(c) is there the need for the SAT to undertake a review of these cases to identify emerging trends;
(d) if not, is an independent review is warranted; and
(e) if not, why not?
AnswerView source ↗
Answered
17 October 2012
Responded by
Minister representing the Attorney General
Response time
21 days
(a - e) The Attorney General has written to the Member for Balcatta on 25 September 2012 in response to his concerns about these matters which the Member raised in this House on 16 August 2012 and in correspondence of 27 August 2012.
The State Administrative Tribunal is an independent, statutory tribunal which is responsible for determining whether the appointment of a guardian is required in accordance with the
Guardianship and Administration Act 1990
.
The Act provides that the primary concern of the State Administrative Tribunal is the best interests of any represented person, or of a person in respect of whom an application is made. A guardianship order is not made if the needs of the person could be met by other means less restrictive of the person's freedom of decision and action, and in considering the matter, the State Administrative Tribunal seeks to ascertain the views and wishes of the person concerned as far as possible.
The Public Advocate is appointed as someone's guardian if the State Administrative Tribunal determines there is a need for a guardian to be appointed and there is no one else suitable, willing and available to act. Where family members or friends disagree with a decision of the State Administrative Tribunal, interested parties can make an application for leave to apply for a review of the guardianship order.
Guardianship orders are made for a specified period of time within five years. Before the expiry of an order, the State Administrative Tribunal conducts a review hearing to determine if the order should continue or be revoked. The Attorney General has invited the Member for Balcatta to contact him if he would like to discuss his concerns with the President of the State Administrative Tribunal. The Member has also been invited to provide any specific examples about which the Attorney General will seek the Public Advocate's views.
A statutory review of the
Guardianship and Administration Act
is due to be commenced in 2013. This will provide an opportunity to examine the adequacy of legislative requirements and principles that guide the decisions of the State Administrative Tribunal.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
The State Administrative Tribunal is an independent, statutory tribunal which is responsible for determining whether the appointment of a guardian is required in accordance with the
Guardianship and Administration Act 1990
.
The Act provides that the primary concern of the State Administrative Tribunal is the best interests of any represented person, or of a person in respect of whom an application is made. A guardianship order is not made if the needs of the person could be met by other means less restrictive of the person's freedom of decision and action, and in considering the matter, the State Administrative Tribunal seeks to ascertain the views and wishes of the person concerned as far as possible.
The Public Advocate is appointed as someone's guardian if the State Administrative Tribunal determines there is a need for a guardian to be appointed and there is no one else suitable, willing and available to act. Where family members or friends disagree with a decision of the State Administrative Tribunal, interested parties can make an application for leave to apply for a review of the guardianship order.
Guardianship orders are made for a specified period of time within five years. Before the expiry of an order, the State Administrative Tribunal conducts a review hearing to determine if the order should continue or be revoked. The Attorney General has invited the Member for Balcatta to contact him if he would like to discuss his concerns with the President of the State Administrative Tribunal. The Member has also been invited to provide any specific examples about which the Attorney General will seek the Public Advocate's views.
A statutory review of the
Guardianship and Administration Act
is due to be commenced in 2013. This will provide an opportunity to examine the adequacy of legislative requirements and principles that guide the decisions of the State Administrative Tribunal.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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