Most complaints to the Adult Guardian are about financial abuse by attorneys under an enduring power of attorney. The Adult Guardian may also investigate allegations of inappropriate personal decision making by attorneys, such as denying contact with other family members.

If there are reasonable grounds to believe that the attorney is not acting competently (for example, neglecting their duties or there is abuse or risk that requires immediate intervention) the Adult Guardian can suspend the attorney for financial or personal matters for up to three months.

The Adult Guardian can also apply to the Guardianship and Administration Tribunal on the adult’s behalf for the appointment of:

• an administrator (for financial matters) or
• a guardian (for personal matters and health care).

What if there is no attorney?

In most cases, anyone with an interest can apply to the tribunal for appointment of an administrator or guardian where there is evidence of:

• inappropriate decision-making
• abuse
• neglect
• exploitation of an adult who does not have an attorney.

If there is insufficient evidence of abuse, but strong grounds for concern about inappropriate decision making, the Adult Guardian may conduct an investigation.

Concerns about physical and sexual abuse

Complaints about an adult with impaired capacity being physically or sexually assaulted should be made directly to police as soon as possible.

The Adult Guardian may accept a referral about this type of abuse if it is alleged the adult remains at risk of abuse or exploitation while police investigate.

The Adult Guardian’s investigation would aim to determine what protection measures might be required and consider matters such as:

• the appropriateness of a guardianship order
• the need to apply for a warrant to remove the adult from their place of residence
• whether a domestic violence order or other action is needed to prevent the abuse.

This investigation would not duplicate the police investigation. It would not seek to identify whether a crime had been committed or prove who was responsible.

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