What is a Welfare Guardian?

A Welfare Guardian is a person appointed by the Family Court to make personal and lifestyle decisions for the Subject Person with impaired capacity. A Welfare Guardian can make decisions about the Subject Person’s lifestyle and/or health care. For example, decisions about where they live, what they eat and certain decisions about their medication and operations.

A Welfare Guardian cannot make decisions about special health matters such as sterilisation. Nor can they make decisions with regard to special personal matters, such as consenting to the Subject Person adopting a child or making the Subject Person’s Will.

How are Welfare Guardians appointed?

An application is made to the Family Court.  The process is the same as for an application of a Property Manager but the capacity test has different measurements.

Who is the Subject Person’s Welfare Guardian?

The Subject Person’s Welfare Guardian is an independent person appointed to protect the welfare rights and interests of the Subject Person with impaired capacity. This does not cover their property and financial assets.

The Subject Person’s Welfare Guardian protects the Subject Person who has impaired capacity from neglect, exploitation or abuse.