Helpful terms

General terms about decision-making processes

Substitute decision-making

The practice of someone making decisions for another person who cannot make their own decisions. Often, the person is not involved in making the decision or consulted about their preferences.

Supported decision-making

An approach in which someone empowers a person to make their own decisions whenever possible by providing them with what they need to do so.

Informal decision-making

Making decisions for another person, who cannot decide for themselves, without any formal appointment or authorisation being necessary.

Administrative tribunal

An informal type of court that decides minor disputes and administrative matters, including guardianship and administration appointments. It operates under state or territory legislation but is an independent government office.

Public guardian, advocate or trustee

Independent statutory authorities that provide services that help people – particularly vulnerable people – to manage their personal affairs. Every state and territory in Australia has a public guardian, public advocate and/or public trustee, although they may have different titles.

Terms about guardianships

Guardian

Someone authorised to make decisions for another person who is unable to decide for themselves.

Public guardian

An independent statutory authority that supports people with impaired decision-making capacity and helps to protect their rights and interests. May be appointed as a person’s guardian by an administrative tribunal.

Private guardian

An individual person, such as a family member, friend or carer, who has been appointed as another person’s guardian.

Guardianship order

The instructions given by an administrative tribunal in response to a guardianship application about a person with impaired decision-making ability.

Protected person (ACT, SA), represented person (NT)

The person looked after by a guardian.

Guardian of last resort (QLD, SA)

A term used in Queensland and South Australia to describe the Public Guardian or Public Trustee’s appointment as a person’s guardian or administrator instead of an individual person such as a family member or friend.

Alternative guardian (SA)

Someone appointed to step in if the appointed guardian is away or unable to act for the protected person.

Supportive guardian (VIC)

A guardian formally appointed to help a person make their decisions rather than simply deciding for them.

Full guardianship (SA)

A guardianship that covers most of a person’s decisions, made under a ‘full’ guardianship order.

Limited guardianship (SA)

A guardianship that is limited to certain kinds of decisions and excludes other kinds, made under a ‘limited’ guardianship order.

Enduring Guardian (NSW, TAS, WA)

Someone that a person chooses and legally appoints to be their decision-maker if they ever become unable to make their own decisions. It’s different from a guardian appointed after they person has lost their decision-making ability.

Terms about trustees and financial administration

Administrator, manager (ACT) or financial manager (NSW)

A person or entity appointed by an administrative tribunal to manage the financial interests of another person who does not have the capacity to manage for themselves.

Trust

A formal arrangement for the administration of a person’s finances or property and, after they die, their estate.

Trustee

A person or organisation appointed to oversee and manage a trust to ensure that the trust agreement is followed.

Public trustee

A public organisation that provides financial welfare services such as assistance with making wills and powers of attorney, administering estates, and managing financial and property decisions for people who are unable to make their own decisions.

Private trustee

An individual person, such as a family member, friend or carer, who has been appointed as another person’s trustee.

Administration order

The instructions given by an administrative tribunal in response to a financial administration application about a person with impaired decision-making ability.

Full administration (SA)

Financial administration that covers most of a person’s decisions, made under a ‘full’ administration order.

Limited administration (SA)

Financial administration that is limited to certain kinds of decisions and excludes other kinds, made under a ‘limited’ administration order.

Supportive administrator (VIC)

Someone appointed to help an older person make any financial decisions that they can make with help, rather than making the decisions for them.

Disclaimer: The information provided on this website is not a substitute for individual legal advice.