The Family Court can appoint a welfare guardian by making a Welfare Guardian Order for anyone who is 18 or older.
A welfare guardian can also be appointed for a 16-year-old or 17-year-old if:
the person is or has been married, or in a civil union or de facto relationship, or
the person has no living parents or guardians, or
no parent or guardian is in regular contact with the person and the court thinks a welfare guardian would help them.
Welfare guardians can also be appointed if other kinds of Personal Orders are not carried out – for example, an Order to give someone specified medical treatment.
What a welfare guardian can and can’t do
The Welfare Guardian Order will list the areas a welfare guardian can make decisions about on behalf of the other person.
When making and carrying out decisions, the welfare guardian must:
support and protect the welfare and best interest of the person they’re acting for
encourage the person to develop and use any skills they have
encourage the person to act in their own interest wherever possible
help the person to be a part of the community, as much as possible
talk with the person, and other people who are interested in and able to advise on the personal care and welfare of that person, including any voluntary welfare agency
consult with the property manager if the person has a Property Order.
A welfare guardian can’t:
make any decision about a marriage or civil union (including separation/divorce) for the person they’re helping
make any decision about the adoption of any child of the person
stop the person getting any standard medical treatment or procedure intended to save the person's life or to prevent serious damage to the person's health
allow the person to have electro-convulsive treatment (this used to be called electro-shock therapy)
agree to any surgery or other treatment designed to destroy any part of the brain or any brain function for the purpose of changing the person's behaviour
allow that person to take part in any medical experiment other than one conducted to save the person's life or to prevent serious damage to their health
if more than one welfare guardian has been appointed the law states you must regularly consult with each other.
If a welfare guardian needs help, they can ask the court for advice.