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Guardian of last resort

Section 29 of the Guardianship and Administration Act 1993 (SA) allows SACATto appoint the Public Advocate as a guardian of last resort. The Public Advocate will only be appointed as guardian if a guardian is needed and there is no other appropriate person to appoint.

The Public Advocate has a role in encouraging alternatives to formal guardianship.

As a guardian, the Public Advocate can make a number of important life decisions for an individual with a mental incapacity (known as the 'protected person'). This power will not allow the Public Advocate to give consent to certain treatments, which still require the authority of SACAT (for example, sterilisation and termination of pregnancy).

For more information, see The Public Advocate as Guardian webpage.

Guardian of last resort  :  Last Revised: Tue Apr 15th 2025
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.