Guardianship and Administration Regulations 2005 (Western Australia)

The Guardianship and Administration Regulations 2005 (WA) implement procedural and form requirements under the Guardianship and Administration Act 1990. They do four distinct, concrete things.

First, they impose estate administration obligations on persons appointed as administrators. Regulation 3 requires an administrator, within four weeks of appointment, to provide the Public Trustee with specified information in a form approved by the Public Trustee, with a penalty of $1 000 for breach. Regulation 4 requires administrators to lodge accounts in a Public Trustee approved form within four weeks of the due date, to retain documents relating to the estate’s financial transactions and to produce them on request, and to lodge final accounts within four weeks of ceasing to be administrator after either a State Administrative Tribunal order or the represented person’s death, each breach again attracting a $1 000 penalty. Regulation 5 creates an offence with a $1 000 penalty for knowingly providing false or misleading information under regs 3 or 4(1) or (3).

Second, the regulations prescribe the standard forms for enduring powers of guardianship and advance health directives. Regulation 6 prescribes the enduring power of guardianship form in Schedule 1. Regulation 7 prescribes the advance health directive form in Schedule 2. Regulation 8 clarifies that notes and footnotes in those schedules are for assistance only and are not part of the form.

Third, the regulations expand authorised confidentiality disclosures by the Public Advocate and the Public Trustee to specified National Disability Insurance Scheme (NDIS) bodies. New regulation 8A (inserted SL 2024/42) authorises these State officers, under section 113(1)(d) of the Act, to divulge personal information to the NDIS Agency, the National Disability Insurance Scheme Commission, the Agency CEO, and the Commissioner where the Public Advocate or Public Trustee is satisfied that the information is relevant to the recipient’s functions or powers under the Commonwealth NDIS Act 2013. Regulation 8A(1) imports defined terms from the NDIS Act s 9.

CrestWestern Australia

Guardianship and Administration Act 1990

Guardianship and Administration Regulations 2005

Western Australia

Guardianship and Administration Regulations 2005

Contents

Part 1 — Preliminary matters

Citation 1
Commencement 1

Part 2 — Estate administration

Information as to administrator and estate 2
Examination of accounts 2
False or misleading information 3

Part 3 — Enduring powers of guardianship and advance health directives

Enduring power of guardianship (Schedule 1) 4
Advance health directive (Schedule 2) 4
Status of notes in forms 4

Part 3A — Confidentiality

8A. Public Advocate and Public Trustee authorised to divulge personal information in prescribed circumstances 5

Part 4 — Transitional provisions for Guardianship and Administration Amendment Regulations 2022

Advance health directive form during transitional period 7

Schedule 1 — Enduring power of guardianship form

Schedule 2 — Advance health directive form

Notes

Compilation table 42

Defined terms

Guardianship and Administration Act 1990

Guardianship and Administration Regulations 2005

Part 1 — Preliminary matters

[Heading inserted: Gazette 15 Sep 2009 p. 3583.]

1. Citation

These regulations are the Guardianship and Administration Regulations 2005.

2. Commencement

These regulations come into operation on the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 56 comes into operation or on the day of their publication in the Gazette, whichever is the later.

Part 2 — Estate administration

[Heading inserted: Gazette 15 Sep 2009 p. 3583.]

3. Information as to administrator and estate

An administrator must, within 4 weeks of being appointed, provide the Public Trustee with information as to the administrator, the represented person and the estate in a duly completed form approved by the Public Trustee.

Penalty: $1 000.

4. Examination of accounts

(1) Unless the Public Trustee otherwise allows, an administrator must lodge with the Public Trustee accounts in relation to an estate administered by the administrator set out in a form approved by the Public Trustee within 4 weeks of the due date approved by the Public Trustee.

Penalty: $1 000.

(2) An administrator must retain documents relating to the financial transactions of the estate and submit them to the Public Trustee if so required.

Penalty: $1 000.

(3) Unless the Public Trustee otherwise allows, if a person ceases to be the administrator of the estate of a represented person upon —

(a) the making of an order by the State Administrative Tribunal under the Act; or

(b) the death of the represented person,

that person must, within 4 weeks of the day on which the order was made or the represented person died, lodge with the Public Trustee accounts in a form approved by the Public Trustee.

Penalty: $1 000.

5. False or misleading information

A person who provides information under regulation 3 or 4(1) or (3) which the person knows to be false or misleading in a material particular commits an offence.

Penalty: $1 000.

Part 3 — Enduring powers of guardianship and advance health directives

[Heading inserted: Gazette 15 Sep 2009 p. 3584.]

6. Enduring power of guardianship (Schedule 1)

The form prescribed for an enduring power of guardianship is the form in Schedule 1.

[Regulation 6 inserted: Gazette 15 Sep 2009 p. 3584.]

7. Advance health directive (Schedule 2)

The form prescribed for an advance health directive is the form in Schedule 2.

[Regulation 7 inserted: Gazette 15 Sep 2009 p. 3584.]

8. Status of notes in forms

Notes in, and footnotes at the end of, a form in Schedule 1 or 2 are provided to assist in the completion of the form and are not part of the form.

[Regulation 8 inserted: Gazette 15 Sep 2009 p. 3584.]

Part 3A — Confidentiality

[Heading inserted: SL 2024/42 r. 4.]

8A. Public Advocate and Public Trustee authorised to divulge personal information in prescribed circumstances

(1) In this regulation, each of the following terms has the meaning given in the National Disability Insurance Scheme Act 2013 (Commonwealth) section 9 —

Agency

CEO

Commission

Commissioner

(2) Under section 113(1)(d) of the Act, the Public Advocate and the Public Trustee are authorised to divulge personal information to —

(a) the Agency, if the Public Advocate or Public Trustee (as the case requires) is satisfied that the information is relevant to the performance of a function of the Agency under the National Disability Insurance Scheme Act 2013 (Commonwealth); and

(b) the Commission, if the Public Advocate or Public Trustee (as the case requires) is satisfied that the information is relevant to the performance of a function of the Commission under the National Disability Insurance Scheme Act 2013 (Commonwealth); and

(c) the CEO, if the Public Advocate or Public Trustee (as the case requires) is satisfied that the information is relevant to an exercise of the CEO’s powers under the National Disability Insurance Scheme Act 2013 (Commonwealth) section 55; and

(d) the Commissioner, if the Public Advocate or Public Trustee (as the case requires) is satisfied that the information is relevant to an exercise of the Commissioner’s powers under the National Disability Insurance Scheme Act 2013 (Commonwealth) section 55A.

[Regulation 8A inserted: SL 2024/42 r. 4.]

Part 4 — Transitional provisions for Guardianship and Administration Amendment Regulations 2022

[Heading inserted: SL 2022/102 r. 4.]

9. Advance health directive form during transitional period

(1) In this regulation —

commencement day means 4 August 2022;

former regulations means these regulations as in force immediately before commencement day;

transitional period means the period of 6 months beginning on commencement day.

(2) During the transitional period, each of the following is the form prescribed for an advance health directive —

(a) the form in Schedule 2;

(b) the form in Schedule 2 of the former regulations.

[Regulation 9 inserted: SL 2022/102 r. 4.]

Schedule 1 — Enduring power of guardianship form

[r. 6]

[Heading inserted: Gazette 15 Sep 2009 p. 3584.]

Enduring Power of Guardianship

Notes:<br>• To make an enduring power of guardianship, you must be 18 years of age or older and have full legal capacity. 1<br>• A person who makes an enduring power of guardianship is called “the appointor”.

This enduring power of guardianship is made under the Guardianship and Administration Act 1990 Part 9A on

the .......................................... day of ...................................................... 20..........

by ............................................................................................................................

(appointor’s full name)

of ............................................................................................................................

(appointor’s residential address)

born on ...................................................................................................................

(appointor’s date of birth)

This enduring power of guardianship has effect, subject to its terms, at any time I am unable to make reasonable judgments in respect of matters relating to my person.

1. Appointment of enduring guardian(s)

Notes for section 1: • You can only appoint a person to be your enduring guardian if that person is 18 years of age or older and has full legal capacity. 2 • If you want to appoint only one person to be your enduring guardian, complete section 1A and cross out and initial section 1B. 3 • If you want to appoint 2 people to be your joint enduring guardians, cross out and initial section 1A and complete section 1B. 4 • If you want to appoint more than 2 people to be your joint enduring guardians, cross out and initial section 1A, complete section 1B for 2 of the people and include the details of the additional people in an attachment to this form. • Joint enduring guardians must make unanimous decisions. 5

1A. Sole enduring guardian

I appoint .................................................................................................................

(appointee’s full name)

of ............................................................................................................................

(appointee’s residential address)

to be my enduring guardian.

1B. Joint enduring guardians

I appoint .................................................................................................................

(appointee’s full name)

of ............................................................................................................................

(appointee’s residential address)

and ..........................................................................................................................

(appointee’s full name)

of ............................................................................................................................

(appointee’s residential address)

to be my joint enduring guardians.

2. Appointment of substitute enduring guardian(s)

Notes for section 2: • You may appoint one or more people (called “substitute enduring guardians”) to act instead of your sole enduring guardian or to act instead of one or more of your joint enduring guardians. 6 • You can only appoint a person to be a substitute enduring guardian if that person is 18 years of age or older and has full legal capacity. 2 • You must specify the circumstances in which the substitute enduring guardian(s) is (are) to act. For example — (a) if my sole enduring guardian A dies or becomes incapacitated, my substitute enduring guardian X is to be my sole enduring guardian; (b) if one of my joint enduring guardians B and C dies or becomes incapacitated, the remaining enduring guardian and my substitute enduring guardian Y are to be my joint enduring guardians. • If you do not want to appoint any substitute enduring guardians, cross out and initial section 2.

I appoint .................................................................................................................

(appointee’s full name)

of ............................................................................................................................

(appointee’s residential address)

to be my substitute enduring guardian in substitution

of ............................................................................................................................

(enduring guardian’s name)

I appoint .................................................................................................................

(appointee’s full name)

of ............................................................................................................................

(appointee’s residential address)

to be my substitute enduring guardian in substitution

of ............................................................................................................................

(enduring guardian’s name)

My substitute enduring guardian(s) is (are) to be my enduring guardian(s) in the following circumstances:

.................................................................................................................................

3. Death of joint enduring guardian

Notes for section 3: • If you are appointing only one person to be your enduring guardian, cross out and initial sections 3A and 3B. • If you are appointing 2 or more people to be your joint enduring guardians and you want the surviving enduring guardian(s) to act if a joint enduring guardian dies, cross out and initial section 3B. 7 • If you are appointing 2 or more people to be your joint enduring guardians but you do not want the surviving enduring guardian(s) to act if a joint enduring guardian dies, cross out and initial section 3A. 7

3A. Surviving joint enduring guardians to act

If one or more of my joint enduring guardians die, I want the surviving enduring guardian(s) to act.

3B. Surviving joint enduring guardians not to act

If one or more of my joint enduring guardians die, I do not want the surviving enduring guardian(s) to act.

4. Functions of enduring guardian(s)

Notes for section 4: • If you do not want to limit the functions that your enduring guardian(s) can perform, cross out and initial section 4B. 8 • If you want to limit the functions that your enduring guardian(s) can perform, cross out and initial section 4A and complete section 4B. 9 • If you do not want your enduring guardian(s) to perform a function specified in paragraphs (a) to (i) of section 4B, cross out and initial the paragraph. • If you want your enduring guardian(s) to perform a function that is not specified in paragraphs (a) to (i) of section 4B, specify the function in another paragraph. • Your enduring guardian(s) cannot perform any of the following functions on your behalf — 10 (a) make decisions about your property or estate; (b) vote in an election; (c) make or change your will without an order from the Supreme Court; (d) consent to an adoption; (e) consent to your sterilisation without the State Administrative Tribunal’s consent; (f) consent to the marriage of a person who is under 18 years of age. *• If you make an advance health directive that applies to any treatment, your enduring guardian(s) cannot consent or refuse consent on your behalf to that treatment.*11

4A. All functions authorised

I authorise my enduring guardian(s) to perform in relation to me all of the functions of an enduring guardian, including making all decisions about my health care and lifestyle.

4B. Only specified functions authorised

I authorise my enduring guardian(s) to perform in relation to me only the following functions —

(a) decide where I am to live, whether permanently or temporarily;

(b) decide with whom I am to live;

(d) consent, or refuse consent, on my behalf to any medical, surgical or dental treatment or other health care (including palliative care and life sustaining measures such as assisted ventilation and cardiopulmonary resuscitation); 12

(e) decide what education and training I am to receive;

(f) decide with whom I am to associate;

(g) commence, defend, conduct or settle on my behalf any legal proceedings except proceedings relating to my property or estate;

(h) advocate for, and make decisions about, which support services I should have access to;

(i) seek and receive information on my behalf from any person, body or organisation;

(j) ............................................................................................................

............................................................................................................

(k) ............................................................................................................

............................................................................................................

5. Circumstances in which enduring guardian(s) may act

Notes for section 5:<br>• If you do not want to limit the circumstances in which your enduring guardian(s) may act, cross out and initial section 5.<br>• If you want to limit the circumstances in which your enduring guardian(s) may act, you must specify the circumstances. 13 For example, for as long as my enduring guardian(s) live(s) in the same city or town as me.

My enduring guardian(s) may act only in the following circumstances:

.................................................................................................................................

6. Directions about how enduring guardian(s) to perform functions

Notes for section 6: • If you do not want to include any directions about how your enduring guardian(s) is (are) to perform his/her (their) functions, cross out and initial section 6. • If you want to include any directions about how your enduring guardian(s) is (are) to perform his/her (their) functions, you must specify the directions. 14 For example — (a) if I need to be moved into a residential care facility, do not move me into XYZ Nursing Home; (b) I would prefer to continue seeing my current GP, Dr C.D., for my general medical needs because she has been my GP for many years; (c) if possible, all of my children are to be consulted before any major decisions are made on my behalf.

My enduring guardian(s) is (are) to perform his/her (their) functions in accordance with the following directions:

.................................................................................................................................

...............................................................................................................………….

Notes for appointor about signing and witnessing: • If you are physically incapable of signing this enduring power of guardianship, you can ask another person to sign for you. You must be present when the person signs for you. 15 • Two (2) witnesses must be present when you sign this enduring power of guardianship or when another person signs for you. 16 • Each of the witnesses must be 18 years of age or older and cannot be you, the person signing for you (if applicable) or an appointee. • At least one of the witnesses must be authorised to witness statutory declarations. For a list of people who are authorised to witness statutory declarations, see the Oaths, Affidavits and Statutory Declarations Act 2005. 17 • The witnesses must also sign this enduring power of guardianship. Both witnesses must be present when each of them signs. You and the person signing for you (if applicable) must also be present when the witnesses sign. 16

Signed by:

.................................................................................................................................

(appointor’s signature)

Witnessed by a person authorised to witness statutory declarations:

.................................................................................................................................

(authorised witness’s signature)

.................................................................................................................................

(authorised witness’s full name)

.................................................................................................................................

(authorised witness’s address)

.................................................................................................................................

(occupation of authorised witness)

.................................................................................................................................

(date)

and by another person:

.................................................................................................................................

(other witness’s signature)

.................................................................................................................................

(other witness’s full name)

.................................................................................................................................

(other witness’s address)

.................................................................................................................................

(date)

Optional statement about advance health directive

Notes about statement:<br>• If you wish to indicate that you have made an advance health directive, put a tick (🗸) or cross (🗴) in the box next to the statement.<br>• You do not have to say anything in this enduring power of guardianship about whether or not you have made an advance health directive. You can leave the box next to the statement blank.

I have made an advance health directive □

Notes for appointee(s) about signing and witnessing: • Each appointee must sign an acceptance to indicate the appointee’s acceptance of the appointment. 18 • Two (2) witnesses must be present when an appointee signs the acceptance. 19 • The appointor does not have to be present when an appointee signs the acceptance. • Each of the witnesses must be 18 years of age or older and cannot be the appointor, the person signing for the appointor (if applicable) or an appointee. • At least one of the witnesses must be authorised to witness statutory declarations. For a list of people who are authorised to witness statutory declarations, see the Oaths, Affidavits and Statutory Declarations Act 2005. 17 • The witnesses must also sign the acceptance. Both witnesses must be present when each of them signs. The appointee must also be present when the witnesses sign.19 • The appointees can sign at the same time or at different times. Different witnesses can witness each appointee’s signature.

Acceptance of appointment as enduring guardian

I, .............................................................................................................................

(name of appointee)

accept the appointment as an enduring guardian.

Signed by:

.................................................................................................................................

(appointee’s signature)

.................................................................................................................................

(date)

Witnessed by a person authorised to witness statutory declarations:

.................................................................................................................................

(authorised witness’s signature)

.................................................................................................................................

(authorised witness’s full name)

.................................................................................................................................

(authorised witness’s address)

.................................................................................................................................

(occupation of authorised witness)

.................................................................................................................................

(date)

and by another person:

.................................................................................................................................

(other witness’s signature)

.................................................................................................................................

(other witness’s full name)

.................................................................................................................................

(other witness’s address)

.................................................................................................................................

(date)

Acceptance of appointment as enduring guardian

I, .............................................................................................................................

(name of appointee)

accept the appointment as an enduring guardian.

Signed by:

.................................................................................................................................

(appointee’s signature)

.................................................................................................................................

(date)

Witnessed by a person authorised to witness statutory declarations:

.................................................................................................................................

(authorised witness’s signature)

.................................................................................................................................

(authorised witness’s full name)

.................................................................................................................................

(authorised witness’s address)

.................................................................................................................................

(occupation of authorised witness)

.................................................................................................................................

(date)

and by another person:

.................................................................................................................................

(other witness’s signature)

.................................................................................................................................

(other witness’s full name)

.................................................................................................................................

(other witness’s address)

.................................................................................................................................

(date)

Acceptance of appointment as substitute enduring guardian

I, .............................................................................................................................

(name of appointee)

accept the appointment as a substitute enduring guardian.

Signed by:

.................................................................................................................................

(appointee’s signature)

.................................................................................................................................

(date)

Witnessed by a person authorised to witness statutory declarations:

.................................................................................................................................

(authorised witness’s signature)

.................................................................................................................................

(authorised witness’s full name)

.................................................................................................................................

(authorised witness’s address)

.................................................................................................................................

(occupation of authorised witness)

.................................................................................................................................

(date)

and by another person:

.................................................................................................................................

(other witness’s signature)

.................................................................................................................................

(other witness’s full name)

.................................................................................................................................

(other witness’s address)

.................................................................................................................................

(date)

Acceptance of appointment as substitute enduring guardian

I, .............................................................................................................................

(name of appointee)

accept the appointment as a substitute enduring guardian.

Signed by:

.................................................................................................................................

(appointee’s signature)

.................................................................................................................................

(date)

Witnessed by a person authorised to witness statutory declarations:

.................................................................................................................................

(authorised witness’s signature)

.................................................................................................................................

(authorised witness’s full name)

.................................................................................................................................

(authorised witness’s address)

.................................................................................................................................

(occupation of authorised witness)

.................................................................................................................................

(date)

and by another person:

.................................................................................................................................

(other witness’s signature)

.................................................................................................................................

(other witness’s full name)

.................................................................................................................................

(other witness’s address)

.................................................................................................................................

(date)

1 Guardianship and Administration Act 1990 (GAA Act) s. 110B

2 GAA Act s. 110D

3 GAA Act s. 110B(a)

4 GAA Act s. 110B(b)

5 GAA Act s. 53(a) as applied by s. 110H(b)

6 GAA Act s. 110C

7 GAA Act s. 54 as applied by s. 110H(c)

8 GAA Act s. 110G(1)

9 GAA Act s. 110G(2)

10 GAA Act s. 110G(1)

11 GAA Act s. 110ZJ

12 GAA Act s. 3(1), definitions of life sustaining measure, palliative care and treatment

13 GAA Act s. 110G(3)

14 GAA Act s. 110G(4)

15 GAA Act s. 110E(1)(b)

16 GAA Act s. 110E(1)(c) and (d) and (2)

17 Oaths, Affidavits and Statutory Declarations Act 2005 s. 12(6) and Sch. 2

18 GAA Act s. 110E(1)(e)

19 GAA Act s. 110E(1)(f) and (g) and (2)

[Schedule 1 inserted: Gazette 15 Sep 2009 p. 3584‑93; amended: Gazette 18 Dec 2009 p. 5169.]

Schedule 2 — Advance health directive form

[r. 7]

[Heading inserted: SL 2022/102 r. 5.]

ADVANCE HEALTH DIRECTIVE FORM
This form is for people who want to make an Advance Health Directive in Western Australia. To make an Advance Health Directive, you must be 18 years or older and have full legal capacity. Your Advance Health Directive is about your future treatment. It will only come into effect if you are unable to make reasonable judgments or decisions at a time when you require treatment.PinPart 4, marked with this symbol, contains your treatment decisions. If you choose not to make any treatment decisions in Part 4, then the document is not considered a valid Advance Health Directive under the Guardianship and Administration Act 1990.**Please tick the box below to indicate that by making this Advance Health Directive you revoke all prior Advance Health Directives completed by you.**🗆 In making this Advance Health Directive, I revoke all prior Advance Health Directives made by me. This form includes instructions to help you complete your Advance Health Directive. For more information on how to complete the form and to see examples, please read A Guide to Making an Advance Health Directive in Western Australia.Before you make your Advance Health Directive, you are encouraged to seek legal and/or medical advice, and to discuss your decisions with family and close friends. It is important that people close to you know that you have made an Advance Health Directive and where to find it. Once you complete your Advance Health Directive, it is recommended that you: • store the original in a safe and accessible place and tell your close family and friends that you have made an Advance Health Directive and where to find it• upload a copy of your Advance Health Directive to your My Health Record — this will ensure that your Advance Health Directive is available to your treating doctors if it is needed• give a copy of your Advance Health Directive to health professionals regularly involved in your health care (for example, your General Practitioner (GP), a hospital you attend regularly, and/or other health professionals involved in your care).This form must be completed in English. If English is not your first language, you may need help to understand and complete this form. Contact the National Accreditation Authority for Translators and Interpreters for help.
PART 1: MY PERSONAL DETAILS****You must complete this part
You must complete Part 1.You must include the date, your full name, date of birth and address. This Advance Health Directive is made under the Guardianship and Administration Act 1990 Part 9B on the ........... of ..................., ........... *(day) (month) (year)*by ...................................................................... (name)
Full name
Date of birth
Address
(suburb) WA (postcode)
Phone number
Email
PART 2: MY HEALTH
2.1 My major health conditions
**Use Part 2.1 to list details about your major health conditions (physical and/or mental).**Cross out Part 2.1 if you do not want to complete it. Please list any major health conditions below:
2.2 When talking with me about my health, these things are important to me
Use Part 2.2 to provide information about what is important to you when talking about your treatment.This might include:• How much you like to know about your health conditions• What you need to help you make decisions about treatment• Whether you like to have certain family members with you when receiving information from your health professionalsCross out Part 2.2 if you do not want to complete it. Please describe what is important to you when talking to health professionals about your treatment:
PART 3: MY VALUES AND PREFERENCES
This part encourages you to think about your values and preferences relating to your health and care now and into the future. This may help you to decide what treatment decisions you want to make in Part 4: My Advance Health Directive Treatment Decisions. In this part, you are not making decisions about your future treatment. Use Part 4 to make decisions about your future treatment.Cross out any parts that you do not want to complete.
3.1 These things are important to me
Use Part 3.1 to provide information about what “living well” means to you now and into the future.This might include:• What the most important things in your life are• What “living well” means to youCross out Part 3.1 if you do not want to complete it. Please describe what “living well” means to you now and into the future. Use the space below and/or tick which boxes are important for you.
Please describe:
🗆 Spending time with family and friends🗆 Living independently🗆 Being able to visit my home town, country of origin, or spending time on country🗆 Being able to care for myself (e.g. showering, going to the toilet, feeding myself)🗆 Keeping active (e.g. playing sport, walking, swimming, gardening)🗆 Enjoying recreational activities, hobbies and interests (e.g. music, travel, volunteering)🗆 Practising religious, cultural, spiritual and/or community activities (e.g. prayer, attending religious services)🗆 Living according to my cultural and religious values (e.g. eating halal, kosher foods only)🗆 Working in a paid or unpaid job
3.2 These are things that worry me when I think about my future health
Use Part 3.2 to provide information about things that worry you about your future health.This might include:• Being in constant pain• Not being able to make your own decisions• Not being able to care for yourselfCross out Part 3.2 if you do not want to complete it. Please describe any worries you have about the outcomes of future illness or injury:
3.3 When I am nearing death, this is where I would like to be
**Use Part 3.3 to indicate where you would like to be when you are nearing death.**When you are nearing death, do you have a preference of where you would like to spend your last days or weeks?Cross out Part 3.3 if you do not want to complete it. Please indicate where you would like to be when you are nearing death. Tick the option that applies to you. You can provide more detail about the option you choose in the space below.
🗆 I want to be at home — where I am living at the time🗆 I do not want to be at home — provide more details below🗆 I do not have a preference — I would like to be wherever I can receive the best care for my needs at the time🗆 Other — please specify:
Please provide more detail about your choice:
3.4 When I am nearing death, these things are important to me
Use Part 3.4 to provide information about what is important to you when you are nearing death.This might include:• What would comfort you when you are dying• Who you would like around youCross out Part 3.4 if you do not want to complete it. Please describe what is important to you and what would comfort you when you are nearing death. Use the space below and/or tick which boxes are important for you.
Please describe:
🗆 I do not want to be in pain, I want my symptoms managed, and I want to be as comfortable as possible (Please provide details of what being comfortable means to you)
🗆 I want to have my loved ones and/or pets around me (Please provide details of who you would like with you)
🗆 It is important to me that cultural or religious traditions are followed (Please provide details of any specific traditions that are important for you)
🗆 I want to have access to pastoral/spiritual care (Please provide details of what is important for you)
🗆 My surroundings are important to me (e.g. quiet, music, photographs) (Please provide details of what is important for you)
PinPART 4: MY ADVANCE HEALTH DIRECTIVE****TREATMENT DECISIONS
This part of your Advance Health Directive contains treatment decisions in respect of your future treatment. A treatment is any medical or surgical treatment (including palliative care or life‑sustaining measures such as assisted ventilation and cardiopulmonary resuscitation), dental treatment, or other health care. A treatment decision in an Advance Health Directive is a decision to consent or refuse consent to the commencement or continuation of any treatment and includes a decision to consent or refuse consent to the commencement or continuation of the person’s participation in medical research. This decision applies at any time you are unable to make reasonable judgments in respect of that treatment. Treatment you consent to in this Advance Health Directive can be provided to you. Treatment you refuse consent to in this Advance Health Directive cannot be provided to you. Your enduring guardian or guardian or another person cannot consent or refuse consent on your behalf to any treatment to which this Advance Health Directive applies.It is recommended that you discuss your treatment decisions with your doctor before completing this part.**Cross out any parts that you do not want to complete.**You MUST make at least one treatment decision in Part 4 to make a valid Advance Health Directive.
Pin4.1 Life‑sustaining treatment decisions
**Use Part 4.1 to indicate your instructions for future life‑sustaining treatments.**You can give an overall instruction or list individual treatments that you consent or refuse consent to receiving in the future. You can also list circumstances in which you consent or refuse consent to a particular treatment.Life‑sustaining treatments are treatments used to keep you alive or to delay your death.Read all options before making a decision. The options are over two pages.Cross out Part 4.1 if you do not want to complete it. You MUST make at least one treatment decision in Part 4 to make a valid Advance Health Directive. If I do not have the capacity to make or communicate treatment decisions about my health care in the future, I make the following decisions about life‑sustaining treatment:(Tick only one of the following options. If you choose Option 4, complete the table overleaf).
Option 1 🗆 I consent to all treatments aimed at sustaining or prolonging my life.
OR
Option 2 🗆 I consent to all treatments aimed at sustaining or prolonging my life unless it is apparent that I am so unwell from injury or illness that there is no reasonable prospect that I will recover to the extent that I can survive without continuous life‑sustaining treatments. In such a situation, I withdraw consent to life‑sustaining treatments.
OR
Option 3 🗆 I refuse consent to all treatments aimed at sustaining or prolonging my life.
OR
Option 4 🗆 I make the following decisions about specific life‑sustaining treatments as listed in the table below. (Tick a box in each row of the table)
OR
Option 5 🗆 I cannot decide at this time
Please complete this table if you have ticked Option 4 above. If you have ticked Option 1, 2, 3 or 5, do not complete this table.
This table lists some common life‑sustaining treatments. Use the boxes to indicate which treatments you consent or refuse consent to receiving. You can also list circumstances in which you consent to treatment. There is also space for you to add any life‑sustaining treatments not listed here. Tick one box per row in the table below. If you choose Option B for any treatments, please specify the circumstances in which you consent to the treatment.
Life‑sustaining treatment **A.**I consent to this treatment in all circumstances **B.**I consent to this treatment in the following circumstances **C.**I refuse consent to this treatment in all circumstances **D.**I cannot decide at this time
CPRCardiopulmonary resuscitation 🗆 🗆 🗆 🗆
In which circumstances do you consent to this treatment?
Assisted ventilationA machine that helps you breathe using a face mask or tube 🗆 🗆 🗆 🗆
In which circumstances do you consent to this treatment?
Artificial hydrationFluids given via a tube into a vein, tissues or the stomach 🗆 🗆 🗆 🗆
In which circumstances do you consent to this treatment?
Artificial nutritionA feeding tube through the nose or stomach 🗆 🗆 🗆 🗆
In which circumstances do you consent to this treatment?
Receiving blood products such as a blood transfusion 🗆 🗆 🗆 🗆
In which circumstances do you consent to this treatment?
AntibioticsDrugs that are used to treat infection 🗆 🗆 🗆 🗆
In which circumstances do you consent to this treatment?
Use the boxes below to list any other life‑sustaining treatments you do/do not consent to receive:
**Other life‑sustaining treatment (1)**State the treatment:......................... 🗆 🗆 🗆 🗆
In which circumstances do you consent to this treatment?
**Other life‑sustaining treatment (2)**State the treatment:......................... 🗆 🗆 🗆 🗆
In which circumstances do you consent to this treatment?
4.2 Other treatment decisions
**Use Part 4.2 to indicate your decisions for other (non‑life‑sustaining) treatments.**There are a range of other treatments that may be options for you in the future.Examples include treatments for mental health (e.g. electroconvulsive therapy) and drugs used to prevent certain health conditions (e.g. aspirin, cholesterol treatments).When making a treatment decision, list the circumstances in which you want your decision to apply (e.g. in all circumstances, or specify particular circumstances). A treatment decision only applies in the circumstances you specify.Please ensure that you indicate in the “My treatment decisions” column whether you consent or refuse consent to any treatment you refer to.If you need more space, use the template in the Guide to Making an Advance Health Directive in Western Australia and attach it to your Advance Health Directive form.**Cross out Part 4.2 if you do not want to complete it.**You MUST make at least one treatment decision in Part 4 to make a valid Advance Health Directive. Health circumstances Pin My treatment decisions
🗆 I have made more treatment decisions using the template and attached ......... (specify number of pages) additional pages.
Pin4.3 Medical research
**Use Part 4.3 to provide treatment decisions about the medical research activities you consent or refuse consent to take part in, and any circumstances in which these decisions apply.**Taking part in medical research may be an option for you even if you are unable to make or communicate decisions. A treatment decision may include deciding whether to start or continue to take part in medical research. Your involvement in medical research, and any treatments you receive as part of the medical research, must be consistent with what you have agreed in your Advance Health Directive. The decisions you make in your Advance Health Directive about participating in medical research only operate while you are alive.If you do not make a decision about participation in medical research, Part 9E of the Guardianship and Administration Act 1990 will operate as to how decisions will be made about participation in medical research.**Cross out Part 4.3 if you do not want to complete it.**You MUST make at least one treatment decision in Part 4 to make a valid Advance Health Directive.
Please tick a box showing whether you consent to taking part in the listed medical research activities and the circumstances in which you consent. You may tick more than one circumstance for each research activity.
RESEARCH ACTIVITIES I consent to taking part in the following circumstances: I do not consent
Where I require urgent treatment to save my life, or to prevent serious damage to my health, or to prevent me suffering or continuing to suffer significant pain and distress Where the medical research may improve my condition or illness Where the medical research may not improve my condition or illness but may lead to a better understanding of my condition or illness in the future Where there are no other treatment options
The administration of pharmaceuticals or placebos (inactive drug) 🗆 🗆 🗆 🗆 🗆
The use of equipment or a device 🗆 🗆 🗆 🗆 🗆
Providing health care that has not yet gained the support of a substantial number of practitioners in that field of health care 🗆 🗆 🗆 🗆 🗆
Providing health care to carry out a comparative assessment 🗆 🗆 🗆 🗆 🗆
Taking blood samples 🗆 🗆 🗆 🗆 🗆
Taking samples of tissue or fluid from the body, including the mouth, throat, nasal cavity, eyes or ears 🗆 🗆 🗆 🗆 🗆
Any non‑intrusive examination of the mouth, throat, nasal cavity, eyes or ears 🗆 🗆 🗆 🗆 🗆
A non‑intrusive examination of height, weight or vision 🗆 🗆 🗆 🗆 🗆
Observing an individual 🗆 🗆 🗆 🗆 🗆
Undertaking a survey, interview or focus group 🗆 🗆 🗆 🗆 🗆
Collecting, using or disclosing information, including personal information 🗆 🗆 🗆 🗆 🗆
Considering or evaluating samples or information taken under an activity listed above 🗆 🗆 🗆 🗆 🗆
Any other medical research not listed above 🗆 🗆 🗆 🗆 🗆
PART 5: PEOPLE WHO HELPED ME COMPLETE THIS FORM
5.1 Did an interpreter help you to complete this form?
**Use Part 5.1 to show whether an interpreter helped you to complete this form.**If English is not your first language, you can use an interpreter to help you complete this form.If you use an interpreter to help you to complete this Advance Health Directive, you and your interpreter should complete the interpreter statement provided in A Guide to Making an Advance Health Directive in Western Australia and attach it to your Advance Health Directive.Cross out Part 5.1 if you do not want to complete it. Tick the option that applies to you:
Option 1 🗆 English is my first language — I did not need to use an interpreter
Option 2 🗆 English is NOT my first language — an interpreter helped me make this Advance Health Directive and I have attached an interpreter statement
Option 3 🗆 English is NOT my first language — I did NOT receive help from an interpreter to make this Advance Health Directive
5.2 Have you made an Enduring Power of Guardianship (EPG)?
Use Part 5.2 to indicate whether you have made an Enduring Power of Guardianship (EPG) and provide details if relevant. An Enduring Power of Guardianship allows you to name and legally appoint one or more people to make decisions about your lifestyle and health care if you lose capacity. A person you appoint to make decisions on your behalf is called an enduring guardian. An enduring guardian cannot override decisions made in your Advance Health Directive. Cross out Part 5.2 if you do not want to complete it. Tick the option that applies to you:
Option 1 🗆 I have NOT made an Enduring Power of Guardianship
Option 2 🗆 I have made an Enduring Power of Guardianship
My EPG was made on: ....... / ........... / ........ *(day) (month) (year)*My EPG is kept in the following place (be as specific as possible): ............................................................... ............................................................................
**I appointed the following person/s as my enduring guardian.**Name ....................................... Phone ....................Joint enduring guardian (if appointed):Name ....................................... Phone .....................
**Substitute enduring guardian (if any):**Name ....................................... Phone .....................Other substitute enduring guardian (if more than one):Name ....................................... Phone .....................
5.3 Did you seek medical and/or legal advice about making this Advance Health Directive?
**Use Part 5.3 to indicate whether you obtained medical and/or legal advice before making this Advance Health Directive and provide details if relevant.**You are encouraged (but not required) to seek medical or legal advice to make an Advance Health Directive. Cross out Part 5.3 if you do not want to complete it. Medical Advice — tick the option that applies to you
Option 1 🗆 I did NOT obtain medical advice about the making of this Advance Health Directive.
Option 2 🗆 I DID obtain medical advice about the making of this Advance Health Directive. I obtained medical advice from:
Name
Phone
Practice
Legal Advice — tick the option that applies to you
Option 1 🗆 I did NOT obtain legal advice about the making of this Advance Health Directive.
Option 2 🗆 I DID obtain legal advice about the making of this Advance Health Directive. I obtained legal advice from:
Name
Phone
Practice
PART 6: SIGNATURE AND WITNESSING****You must complete this Part
• You must sign this Advance Health Directive in the presence of two (2) witnesses. If you are physically incapable of signing this Advance Health Directive, you can ask another person to sign for you. You must be present when the person signs for you. • Two (2) witnesses must be present when you sign this Advance Health Directive or when another person signs for you. • Each of the witnesses must be 18 years of age or older and cannot be you or the person signing for you (if applicable). • At least one of the witnesses must be authorised by law to take statutory declarations.• The witnesses must also sign this Advance Health Directive. Both witnesses must be present when each of them signs. You and the person signing for you (if applicable) must also be present when the witnesses sign.• If you need to use a marksman clause to sign this Advance Health Directive, you should complete the marksman clause template provided in A Guide to Making an Advance Health Directive in Western Australia and attach it to your Advance Health Directive.
YOU MUST SIGN THIS FORM IN THE PRESENCE OF TWO (2) WITNESSES. BOTH WITNESSES MUST BE PRESENT WHEN YOU SIGN THIS FORM. THE WITNESSES MUST SIGN IN EACH OTHER’S PRESENCE.Signed by: .......................................................................................... *(signature of person making this Advance Health Directive)*Date: ......... /............ /........... *(day) (month) (year)*ORSigned by: .......................................................................................... *(insert name of person who the maker of Advance Health Directive has directed to sign)*in the presence of, and at the direction of .......................................................................................... *(insert name of maker of Advance Health Directive)*Date: ........ /............ /.......... *(day) (month) (year)*Witnessed by a person authorised by law to take statutory declarations:
Authorised witness’s signature
Authorised witness’s full name
Address
Occupation of authorised witness
Date ......... / ............ / ............ (day) (month) (year)
And witnessed by another person:
Witness’s signature
Witness’s full name
Address
Date ......... / ............ / ............ (day) (month) (year)

[Schedule 2 inserted: SL 2022/102 r. 5.]

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Notes

This is a compilation of the Guardianship and Administration Regulations 2005 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation		Published		Commencement
Guardianship and Administration Regulations 2005		21 Jan 2005 p. 268‑9		24 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130)
Guardianship and Administration Amendment Regulations 2009		15 Sep 2009 p. 3583‑97		r. 1 and 2: 15 Sep 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Feb 2010 (see r. 2(b) and Gazette 8 Jan 2010 p. 9)
Guardianship and Administration Amendment Regulations (No. 2) 2009		18 Dec 2009 p. 5168‑9		r. 1 and 2: 18 Dec 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Feb 2010 (see r. 2(b) and Gazette 8 Jan 2010 p. 9)
*Reprint 1: The Guardianship and Administration Regulations 2005* as at 5 Mar 2010** (includes amendments listed above)
Guardianship and Administration Amendment Regulations 2022	SL 2022/102 17 Jun 2022		r. 1 and 2: 17 Jun 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Aug 2022 (see r. 2(b))
Guardianship and Administration Amendment Regulations 2024	SL 2024/42 4 Apr 2024		r. 1 and 2: 4 Apr 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Apr 2024 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Agency 8A(1)

CEO 8A(1)

commencement day 9(1)

Commission 8A(1)

Commissioner 8A(1)

former regulations 9(1)

transitional period 9(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Guardianship and Administration Act 1990

Guardianship and Administration Regulations 2005

Western Australia

Guardianship and Administration Regulations 2005

Contents

Part 1 — Preliminary matters

Citation 1
Commencement 1

Part 2 — Estate administration

Information as to administrator and estate 2
Examination of accounts 2
False or misleading information 3

Part 3 — Enduring powers of guardianship and advance health directives

Enduring power of guardianship (Schedule 1) 4
Advance health directive (Schedule 2) 4
Status of notes in forms 4

Part 3A — Confidentiality

8A. Public Advocate and Public Trustee authorised to divulge personal information in prescribed circumstances 5

Part 4 — Transitional provisions for Guardianship and Administration Amendment Regulations 2022

Advance health directive form during transitional period 7

Schedule 1 — Enduring power of guardianship form

Schedule 2 — Advance health directive form

Notes

Compilation table 42

Defined terms

Guardianship and Administration Act 1990

Guardianship and Administration Regulations 2005

Part 1 — Preliminary matters

[Heading inserted: Gazette 15 Sep 2009 p. 3583.]

1. Citation

These regulations are the Guardianship and Administration Regulations 2005.

2. Commencement

Part 2 — Estate administration

[Heading inserted: Gazette 15 Sep 2009 p. 3583.]

3. Information as to administrator and estate

The regulations organise around four main legal concepts: administrator reporting and accountability, standardised decision-making instruments (enduring guardian and advance health directive forms), confidentiality exceptions for information sharing with NDIS bodies, and transitional form continuity.

Administrator reporting and accountability. Part 2 creates time-bound duties on administrators appointed under the Act. Regulation 3 requires delivery of information about the administrator, the represented person and the estate in a Public Trustee approved form within four weeks of appointment. Regulation 4 requires periodic accounts in an approved form within four weeks of the due date approved by the Public Trustee, retention of financial documents and production on request, and lodging of accounts within four weeks of ceasing to be administrator following either a State Administrative Tribunal order under the Act or death of the represented person (reg 4(3)(a) and (b)). Regulation 5 criminalises knowingly false or misleading information provided under these provisions. The penalties for these regulatory offences are fixed at $1 000 per contravention.

Standard forms as delegated rule-making. Schedules 1 and 2 are the prescribed statutory forms. Schedule 1 is an enduring power of guardianship form that incorporates procedural safeguards and detail dictated by the Guardianship and Administration Act (see the footnotes in Schedule 1, which reference Act sections such as s 110B, s 110D, s 110E, s 110G and s 110ZJ). The Schedule sets out appointment mechanics (sole or joint enduring guardian, substitute guardians), limits on functions that may be conferred (for example, enduring guardians cannot make property decisions, vote, change wills without Supreme Court order, consent to adoption, consent to sterilisation without SAT consent, or consent to marriage of a person under 18), witness and signature requirements, and requirement for appointees to sign an acceptance with two valid witnesses. Schedule 2 is the advance health directive (AHD) form and is organised into parts for personal details, health context, values and preferences, mandatory treatment decisions (Part 4), involvement in medical research, interpreter use and signature and witnessing requirements. The AHD form explicitly states that Part 4 must include at least one treatment decision to be considered a valid advance health directive under the Act.

Confidentiality exceptions linked to Commonwealth scheme. Regulation 8A operationalises a limited confidentiality exception by authorising the Public Advocate and Public Trustee to disclose personal information to specific NDIS bodies. The gateway is expressly conditional: the disclosure is authorised only if the Public Advocate or Public Trustee is satisfied the information is relevant to the recipient’s performance of functions or exercise of powers under the Commonwealth NDIS Act 2013 (reg 8A(2)(a)-(d)). Regulation 8A(1) imports the defined terms Agency, CEO, Commission and Commissioner from the Commonwealth NDIS Act s 9.

Transitional continuity. Regulation 9 addresses sequencing risk from the 2022 amendments by allowing either the new Schedule 2 form or the former Schedule 2 form to be used as the prescribed AHD during a six month transitional period beginning 4 August 2022. This preserves legal validity for both the new and former forms for that period (reg 9(2)).

Underlying technical features. The regulations repeatedly delegate to the Public Trustee approval of statutory forms for administrators (regs 3 and 4). They also tie witnessing requirements in Schedules to the Oaths, Affidavits and Statutory Declarations Act 2005 by reference in the Schedule footnotes (Schedule 1 footnote 17). Notes in Schedules are expressly excluded from the legal form (reg 8). The compilation table at the end records amendment instruments and commencement dates, which is necessary for practitioners to track which version of Schedule 2 applies at any time.

The regulations allocate duties, decision rights and information flows across several identifiable groups. State officers and agencies. The Public Trustee is the central administrative hub for estate reporting and account examination. Regulations 3 and 4 require administrators to provide information and lodge accounts "in a form approved by the Public Trustee", and those provisions add record retention and production obligations. The Public Advocate and the Public Trustee are given explicit discretion to disclose personal information to NDIS bodies when satisfied of relevance (reg 8A), which places both bodies in a gatekeeping role for NDIS-related information flows.

Represented persons and their estates. Individuals subject to guardianship and administration arrangements are directly affected via the information and accounting obligations that their administrators must meet. The represented person’s death triggers timing obligations for administrators (reg 4(3)(b)). The content and legal force of enduring powers of guardianship and advance health directives are determined by Schedules 1 and 2, so individual autonomy in medical and lifestyle decisions is operationalised through those prescribed forms.

Administrators and enduring guardians. Private individuals who act as administrators (appointed under the Act) and appointees as enduring guardians bear the compliance burden. Administrators must supply information and accounts within four week deadlines, retain financial transaction documents and face penalty exposure for non-compliance or providing knowingly false or misleading information (regs 3-5). Enduring guardians are constrained by the functions permitted in the form and by the Act sections referenced in Schedule 1; for example enduring guardians cannot make property or estate decisions for the appointor per Schedule 1 footnote referencing GAA s.110G(1).

Health practitioners and institutions. The advance health directive (Schedule 2) prescribes how a person can consent or refuse consent to particular treatments, including life-sustaining measures, and requires Part 4 to contain at least one treatment decision for validity. Health practitioners will therefore use the Schedule 2 form as the authorised expression of a patient’s future treatment decisions when the patient lacks capacity. The form also recommends that makers upload a copy to My Health Record and give copies to regular treating health professionals; that guidance affects how private clinics and hospitals may need to check for and store AHDs.

NDIS bodies and Commonwealth officials. Regulation 8A authorises the Public Advocate and Public Trustee to share personal information with the NDIS Agency, the NDIS Commission, their respective CEOs and Commissioners, provided the State officer is satisfied the disclosure is relevant to the recipient’s functions under the Commonwealth NDIS Act 2013. This creates an authorised pathway for NDIS-related information exchange that affects both State and Commonwealth actors.

Witnesses and legal officials. Schedule forms impose precise witnessing rules. For both EPG (Schedule 1) and AHD (Schedule 2) the maker must sign in the presence of two witnesses, at least one of whom must be authorised to witness statutory declarations under the Oaths, Affidavits and Statutory Declarations Act 2005 (Schedule 1 footnote 17; Schedule 2 Part 6). Witnesses cannot be the appointor/ maker or an appointee/appointed guardian. These rules shift evidentiary burdens onto private witnesses and create exclusion rules that are operationally relevant to solicitors, public notaries and authorised witnesses.

Private practitioners and firms. Lawyers, accountants and professional administrators who prepare forms, lodge accounts or advise appointees will encounter procedural obligations. The Public Trustee’s approval role over administrator forms and accounts gives private professionals a clearly defined counterpart in the Public Trustee but also a source of procedural variation since forms are “approved by the Public Trustee” rather than hard-coded in the regulations. That invites interaction costs for practitioners who must obtain or use the Public Trustee’s approved templates.

In short, the regulations affect individuals exercising statutory appointment powers (administrators, appointees), State officers who receive and gatekeep information (Public Trustee and Public Advocate), health professionals relying on statutory AHDs, Commonwealth NDIS entities receiving disclosures under a conditional gateway, and professional advisers who prepare forms and accounts. The practical burdens fall mainly on administrators and appointees, who face tight timeframes and specific witnessing and acceptance formalities.

The regulations allocate concrete duties to administrators and provide specific rights and formalities for makers and appointees under the prescribed forms.

Administrator duties. Regulation 3 imposes an initial reporting obligation: an administrator must provide the Public Trustee with information about the administrator, the represented person and the estate within four weeks of appointment, using a Public Trustee approved form. Regulation 4(1) requires administrators to lodge accounts in relation to the estate in a Public Trustee approved form within four weeks of the due date approved by the Public Trustee, unless the Public Trustee otherwise allows. Regulation 4(2) obliges administrators to retain documents relating to financial transactions of the estate and to submit them on request. Regulation 4(3) requires an administrator who ceases to be administrator because of a State Administrative Tribunal order under the Act or the represented person’s death to lodge accounts within four weeks of the order or death. Regulation 5 makes knowingly providing false or misleading information under regs 3 or 4(1) or (3) an offence.

Public Trustee discretion. The regulations repeatedly permit the Public Trustee to allow departures from the strict timeframes in regulations 3 and 4 ("unless the Public Trustee otherwise allows"). That creates an administrative discretion to relax compliance obligations in particular cases. However the default is the four week deadlines and the obligation to use Public Trustee approved forms.

Enduring guardian rights and limits. Schedule 1 prescribes the enduring power of guardianship form and sets out appointment mechanics and function scope. The appointor (maker) can appoint a sole enduring guardian (1A) or joint enduring guardians (1B), and may appoint substitute enduring guardians (section 2) with specified circumstances in which substitutes take effect. Section 3 allows the appointor to specify whether surviving joint enduring guardians are to act if one dies. Section 4 lets the appointor authorise either all functions of an enduring guardian (4A) or only specified functions (4B). The Schedule lists specific functions (a) to (i) such as decisions on where to live, consent to medical treatment, advocacy for support services and legal proceedings unrelated to property. The form and its footnotes incorporate statutory limits: enduring guardians cannot make decisions about property or estate, vote, make or change wills without Supreme Court order, consent to adoption, consent to sterilisation without SAT consent, or consent to marriage of a person under 18 (Schedule 1 notes referencing GAA s.110G(1) and other provisions). The appointor may provide directions about how guardians are to perform functions (section 6). Appointees must sign an acceptance; those signatures must be witnessed by two people, at least one authorised to witness statutory declarations (Schedule 1 particulars and footnotes).

Advance health directive rights and validity conditions. Schedule 2 prescribes the AHD form. It requires at least one treatment decision in Part 4 for the AHD to be valid; Part 4 contains treatment decisions including life-sustaining treatment decisions (Part 4.1), other treatments (4.2) and medical research participation (4.3). The form allows the maker to consent or refuse consent to treatments, including specifying circumstances in which consent or refusal applies. The AHD also contains a revocation tick box intended to revoke prior AHDs. The Schedule specifies witnessing: the maker must sign in the presence of two witnesses, at least one of whom is authorised by law to take statutory declarations, and both witnesses must be present when they sign. The AHD form expressly notes that an enduring guardian cannot consent or refuse consent on behalf of the person to treatments to which the AHD applies (Schedule 1 footnote 11 referencing GAA s.110ZJ).

Evidence and formality requirements. Both Schedules specify formal signature and witness structures and provide that notes in the form are not part of the legal form (reg 8). For makers who are physically incapable of signing, both Schedules permit a directed signing by another person but insist the maker be present and that the witnessing formalities are complied with. For enduring guardians, appointees must sign acceptance and witnesses must also sign.

Penalties and criminalisation. The regulations make compliance mandatory by attaching a monetary penalty of $1 000 to contraventions of regs 3 and 4, and to providing false or misleading information under reg 5. These amounts are stated explicitly in the regulations.

Information-sharing rights and constraints. Regulation 8A authorises the Public Advocate and the Public Trustee to disclose personal information to the specified NDIS entities provided the State officer is satisfied the information is relevant to the recipient’s functions or powers under the Commonwealth NDIS Act 2013. That is a conditional authorisation rather than a blanket right to disclose.

Collectively, the regulations create a framework of duties, form-based rights and procedural constraints meant to standardise guardianship and administration administration while embedding safeguards and limited information sharing. Practitioners and administrators must manage short deadlines, follow precise witnessing rules and ensure consistent use of the prescribed forms.

Penalties in the regulations are limited, specific and monetary. The instrument does not create an enforcement agency beyond the Public Trustee’s ongoing administrative role; instead it sets fixed penalties and links enforcement to the statutory obligations.

Monetary penalties. Regulation 3 imposes a penalty of $1 000 for failure by an administrator to provide the required information to the Public Trustee within four weeks of appointment. Regulation 4(1) and 4(2) each carry a $1 000 penalty: for failure to lodge accounts within four weeks of the due date (unless the Public Trustee otherwise allows) and for failure to retain and produce documents relating to financial transactions when required. Regulation 4(3) prescribes a $1 000 penalty where an administrator fails to lodge accounts within four weeks of ceasing to be administrator upon a State Administrative Tribunal order or upon the represented person’s death. Regulation 5 prescribes a $1 000 penalty for knowingly providing false or misleading information when supplying information under regulation 3 or regulation 4(1) or (3).

Criminalisation and mens rea. Regulation 5 introduces a mental element: the offence is committed where the person "knows" the information is false or misleading in a material particular. That requires a knowledge standard rather than mere negligence. The other monetary penalties are framed as administrative penalties attached to the regulatory obligation; the text does not add separate mental element wording to regs 3 and 4, but reg 5 specifically addresses knowingly false or misleading supply of information.

Public Trustee as compliance monitor and discretionary enforcer. The Public Trustee is the named recipient and approver of forms (regs 3 and 4), and the regulations repeatedly qualify obligations with "unless the Public Trustee otherwise allows" (reg 4(1) and reg 4(3) uses similar language). That creates an administrative discretion to permit non-compliance or extended timeframes in particular cases, which is a practical control point for enforcement and mitigation. The regulations do not specify formal enforcement mechanisms beyond the stated penalties, nor do they provide an express administrative penalty process or appeal route within the regulations text.

No specified civil remedies in the regulations. The regulations do not create distinct civil recovery mechanisms, nor do they set out infringement notice procedures, alternative fee structures or graduated penalties. The penalty amounts are fixed. The regulations also do not specify who prosecutes alleged offences under these particular regulations; that remains within the general prosecutorial mechanisms of State law which the regulations do not elaborate.

Information-sharing authorisations and limits. Regulation 8A authorises the Public Advocate and the Public Trustee to divulge personal information to specified NDIS entities when they are satisfied "the information is relevant" to the recipient’s functions or powers under the NDIS Act. Enforcement consequences for improper disclosures are not addressed directly in the regulation text; instead the provision is an affirmative authorisation that defines a lawful basis for certain disclosures. Practitioners dealing with privacy obligations should note that reg 8A creates a statutory authorisation to disclose in specified circumstances, but the regulation places the satisfaction of relevance as an internal decision by the Public Advocate or Public Trustee.

Transitional non-compliance risks. During the transitional period under reg 9, both the new and former Schedule 2 forms are treated as the prescribed advance health directive. After the transitional period the prescribed form reverts to the form in Schedule 2 as inserted by SL 2022/102. Failure to use an authorised form where required could attract the penalties described above if the failure implicates the administrator account or information obligations. For AHDs and EPGs, invalid forms due to faulty witnessing or missing mandatory treatment decisions might produce legal uncertainty about the maker’s intentions, producing implementation disputes rather than statutory penalties. The regulations do not provide an explicit remedy for invalid forms; that issue is managed under the Guardianship and Administration Act and court or tribunal processes.

In sum, enforcement is a mix of monetary penalties for specified administrative failures and an internal authorisation regime for disclosures to NDIS agencies. The Public Trustee and the Public Advocate are the operational centres for enforcement, compliance assessment and authorised disclosure decisions.

The regulations expressly interact with multiple statutes and instruments. The interactions are procedural and definitional rather than altering substantive rights under other Acts, but they are consequential for evidence, witness competency and information sharing.

Guardianship and Administration Act 1990. The regulations implement and give form to powers and procedural mechanisms in the Guardianship and Administration Act 1990. The Schedule footnotes explicitly reference sections of the GAA Act. For example, Schedule 1 footnotes cite GAA s 110B and s 110D regarding the power to make an enduring power of guardianship and the age and capacity requirements for appointees; notes in Schedule 1 cite GAA s 110E for signing and witnessing requirements; s 110G is cited for limits on enduring guardian functions; and s 110ZJ is cited to explain the interaction between an AHD and enduring guardian powers. The regulations do not repeal or alter the Act; rather they prescribe forms and administrative rules needed to operationalise statutory powers.

National Disability Insurance Scheme Act 2013 (Cth). Regulation 8A expressly imports defined terms from the Commonwealth NDIS Act s 9 and authorises disclosure to the Agency, the Commission, the CEO and the Commissioner under the NDIS Act where the Public Advocate or Public Trustee is satisfied the information is relevant to those bodies’ functions under the NDIS Act. This is a specified cross-jurisdictional interaction: it creates a lawful basis under State regulations for sharing personal information with Commonwealth NDIS entities, conditioned on the State officer’s satisfaction of relevance to a Commonwealth function or power (reg 8A(2)(a)-(d)).

Oaths, Affidavits and Statutory Declarations Act 2005 (WA). Schedule 1 and Schedule 2 witness rules require at least one authorised witness who is able to witness statutory declarations. Schedule 1 footnote 17 references the Oaths Act s.12(6) and Sch. 2, indicating that authorised witnesses are defined in that Act. Practically this means that witnessing formalities in the Schedules are tied to the definitions and authority of witnesses from the Oaths Act, and failure to use an authorised witness may affect the legal validity of the form.

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 and commencement sequencing. Regulation 2 sets commencement so that the regulations come into operation on the day Part 2 Division 56 of the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 comes into operation or on the day of Gazette publication, whichever is later. This aligns regulatory commencement with Tribunal jurisdiction changes and ensures procedural coherence.

Other Commonwealth and State privacy and health records regimes. Schedule 2 recommends uploading AHDs to My Health Record and distributing copies to regular health providers. While the regulations do not amend or prescribe requirements under the My Health Record Act or health privacy laws, they create an administrative expectation that AHDs be made available to treating clinicians through existing record systems. The regulations do not clarify how AHD disclosures interact with health privacy legislation; practitioners should be aware that reg 8A provides a specific disclosure authorisation for NDIS entities but other disclosures remain subject to general privacy frameworks.

Transitional and amending instruments. The compilation table records amendment instruments that adjusted these regulations over time, including the Guardianship and Administration Amendment Regulations 2009 (which inserted Schedules), the 2022 amendment (SL 2022/102) that updated Schedule 2 and provided the transitional rule in reg 9, and the 2024 amendment (SL 2024/42) that inserted reg 8A. Awareness of the applicable version at any given time requires checking the compilation table and commencement provisions.

Court and tribunal proceedings. The regulations refer to State Administrative Tribunal orders as triggers for certain duties (reg 4(3)(a)), and the Schedule 1 footnotes reference Supreme Court and Tribunal consent requirements for specified actions (for example, changing wills and sterilisation consent). Those interactions mean that judicial or tribunal processes under the Act and other statutes will determine or modify obligations and rights created by the regulations.

Overall, the regulations are tightly integrated with the Guardianship and Administration Act and with witness and national disability frameworks, and they rely on other statutory definitions and institutional actors to function. Practitioners must read the regulations alongside the GAA Act, the Oaths Act and the Commonwealth NDIS Act to understand practical effect.

The regulations include a compilation table and annotation of amendment insertions that permit tracing of changes. Key amendment milestones recorded are:

Original enactment: The Guardianship and Administration Regulations 2005 were published 21 January 2005 and commenced on 24 January 2005 (compilation table).
2009 amendments: Two amendment instruments, the Guardianship and Administration Amendment Regulations 2009 (Gazette 15 Sep 2009 p. 3583‑97) and Guardianship and Administration Amendment Regulations (No. 2) 2009 (Gazette 18 Dec 2009 p. 5168‑9), are recorded. The Schedule 1 enduring power of guardianship form was inserted by Gazette 15 Sep 2009 p. 3584 (see annotation adjacent to Schedule 1). The compilation table notes reprint 1 as at 5 Mar 2010 that incorporated the 2009 amendments.
2022 amendments: The Guardianship and Administration Amendment Regulations 2022 (SL 2022/102) were made 17 June 2022 with most regulations (other than rr.1 and 2) commencing 4 August 2022. These amendments inserted the current Schedule 2 advance health directive form and included transitional provision reg 9, which defined the "commencement day" as 4 August 2022 and established a six month transitional period during which either the new Schedule 2 or the former Schedule 2 was the prescribed AHD (reg 9(2)). The insertion of Schedule 2 by SL 2022/102 is recorded at the head of Schedule 2.
2024 amendments: The Guardianship and Administration Amendment Regulations 2024 (SL 2024/42) were made 4 April 2024 and most regulations commenced 5 April 2024. The annotation indicates that Part 3A - Confidentiality and the new regulation 8A authorising disclosure to NDIS bodies were inserted by SL 2024/42 r.4 (see the heading preceding reg 8A and the footnote). The compilation table lists SL 2024/42 with commencement details.

Textual insertions and editorial notes. The regulations include editorial headings noting when particular parts were inserted or updated, for example "[Heading inserted: Gazette 15 Sep 2009 p. 3583]" and "[Heading inserted: SL 2024/42 r. 4.]" Such insertions align with the amendment instruments noted in the compilation table and provide a direct record in the published instrument of the provenance of those parts.

Effect on forms over time. The 2009 amendments inserted the enduring power of guardianship form in Schedule 1. The 2022 amendments replaced or substantially revised the AHD form in Schedule 2 and provided a six month transitional period to avoid invalidating prior forms prematurely. The 2024 amendments added a new confidentiality provision authorising disclosure to NDIS bodies. The compilation table and the annotation on reg 9 explicitly establish continuity during the transitional period and show the sequence in which the forms became effective.

No other amendment instruments are recorded in the provided compilation table beyond the 2009, 2022 and 2024 instruments and the original 2005 instrument and reprint. Practitioners should consult the relevant government legislation website or consolidated database to confirm whether further amendments have occurred since the compilation printed here.

The regulations and schedules supplied do not contain, and the compilation table does not cite, any reported litigation or adjudicated disputes about the regulations themselves. No cases are named or summarised in the text. The Schedule footnotes reference statutory provisions in the Guardianship and Administration Act and other Acts (for example Supreme Court and State Administrative Tribunal processes are referenced in Schedule 1 notes), but those references are to statutory sources rather than to judicial decisions.

Consequently, there is no litigation history recorded within this instrument to indicate how the regulations’ provisions have been interpreted by courts or tribunals. Practitioners seeking case law on contested issues arising from the use of the forms, the adequacy of witnessing, the validity of AHDs or enduring powers, or the application of reg 8A’s disclosure gateway should search judicial and tribunal databases for decisions under the Guardianship and Administration Act 1990 and related privacy or administrative law decisions. The regulations themselves do not supply precedent or judicial interpretation.

Given the absence of litigation notes in the instrument, the practical implications are:

Interpretative uncertainty about borderline issues (for example, what precisely constitutes the Public Trustee being "satisfied" that information is relevant under reg 8A) will need to be informed by tribunal or court decisions, administrative practice and internal guidance from the Public Trustee and Public Advocate.
The legal effectiveness of forms in edge cases (for example where witnessed signatures are irregular, where Part 4 of an AHD is incomplete, or where an appointor uses a marksman clause) will rest on statutory interpretation under the Guardianship and Administration Act and on any tribunal or court rulings addressing similar facts.
Any disputes over the adequacy of accounts or timing compliance under regs 3 and 4 would be processed through existing administrative or prosecutorial mechanisms in Western Australia, but no case law is cited here to show how those mechanisms have operated in practice.

For practitioners, therefore, the absence of litigation history in the regulations means that operational guidance and risk minimisation should rely on the text of the regulations, the cross-referenced statutory provisions, and any policy guidance or practice notes issued by relevant State authorities, until and unless authoritative judicial or tribunal interpretation is available.

The regulations include a number of technical traps and procedural pitfalls that commonly generate disputes or invalidity if overlooked.

Four week deadlines with narrow default. Administrators must provide initial information within four weeks of appointment (reg 3) and lodge accounts within four weeks of the due date as approved by the Public Trustee (reg 4(1)). Failure to comply attracts a $1 000 penalty. The regulations do allow the Public Trustee to "otherwise allow" (reg 4(1) and implicitly reg 3), but reliance on that discretion requires affirmative permission; practitioners should not assume informal leniency.

Final accounts on cessation. When an administrator ceases because of a State Administrative Tribunal order or the represented person’s death, the administrator must lodge accounts within four weeks (reg 4(3)). That deadline is triggered by either a tribunal order or death, which can occur unexpectedly and create tight compliance windows for estate or property management.

Criminalisation for knowing false statements. Regulation 5 criminalises knowingly providing false or misleading information in the forms contemplated by regs 3 and 4(1) or (3). The knowledge standard raises exposure for reckless or intentionally misleading reporting. Administrators and preparer advisers must verify factual statements and retain supporting documents because falsehoods carry a monetary penalty and potential reputational consequences.

Public Trustee-approved forms create dependence. Regulations 3 and 4 require use of "a form approved by the Public Trustee". That means that practitioners must obtain the correct current form from the Public Trustee. Forms not obtained from, or approved by, the Public Trustee may not be accepted and could trigger compliance breaches. The regulations do not codify sample administrator forms in the instrument itself.

Witnessing rules are strict. Both Schedules require two witnesses for signatures, one of whom must be authorised to witness statutory declarations (Schedule 1 footnote 17 and Schedule 2 Part 6). Witnesses cannot be the maker, the person signing for the maker, the appointor or an appointee. Different witnessations across multiple pages or staggered signatures risk technical invalidity if the formal requirement that witnesses be present when signatures are made is not met.

AHD Part 4 mandatory decision requirement. The AHD form in Schedule 2 states that "You MUST make at least one treatment decision in Part 4 to make a valid Advance Health Directive." If a maker completes the AHD without any treatment decisions in Part 4, the instrument is not "considered a valid Advance Health Directive under the Guardianship and Administration Act 1990" (Schedule 2 introductory text). This is a common practical pitfall: a detailed values statement in Parts 2 or 3 does not replace the required Part 4 treatment decision.

Interaction between AHD and enduring guardian. Schedule 1 footnote 11 notes that if an AHD applies to any treatment, an enduring guardian cannot consent or refuse consent on the person’s behalf to that treatment (citing GAA s.110ZJ). Practically, this means enduring guardians must be aware of any AHDs and cannot override the maker’s treatment decisions in the AHD for treatments covered by it. Failure to recognise an AHD may expose treating clinicians or guardians to legal risk.

Transitional period complexities. Regulation 9 allowed both the new Schedule 2 and the former Schedule 2 to be prescribed during the six month transitional period beginning 4 August 2022. Practitioners working across that transition must ensure they used a legally prescribed form during that period. After the transitional period the former form is no longer the prescribed form, so records and legacy documents may require attention.

Reg 8A’s subjective relevance gateway. The confidentiality exception in reg 8A permits the Public Advocate and Public Trustee to divulge personal information to NDIS bodies "if the Public Advocate or Public Trustee ... is satisfied that the information is relevant" to specified functions. The satisfaction standard is internal and subjective, so records of the decision-maker’s reasoning are important. Privacy-sensitive disclosures require documenting the relevance assessment to justify the disclosure and to defend against complaints or oversight.

Notes are not part of forms. Regulation 8 clarifies that notes and footnotes in Schedules 1 and 2 are not part of the forms. Practitioners sometimes treat explanatory notes as prescriptive; the regulation reminds that notes are merely guidance and do not alter legal effect. For mandatory items (such as Part 4 in AHDs), failure to follow the formal part, even if notes suggest alternative approaches, may invalidate the instrument.

No explicit enforcement pathway described. The regulations set penalties but do not provide an infringement notice procedure or an administrative penalty scheme; the practical enforcement mechanism and who prosecutes are not specified in the text. This creates some procedural uncertainty about enforcement processes and timelines.

In summary, the main practical "gotchas" are tight statutory timeframes, mandatory content in forms (particularly Part 4 for AHDs), strict witnessing and signature rules, reliance on Public Trustee-approved forms, the knowledge standard for false statements, and the discretionary but subjectively framed disclosure gateway to NDIS bodies. Good practice requires strict process controls, document retention and contemporaneous decision records.

Below are concrete compliance steps mapped to the regulatory provisions, intended for administrators, enduring guardians, health practitioners and advisers.

Administrators (estate administration under Part 2). Immediately upon appointment:

Obtain the Public Trustee approved "information as to administrator and estate" form and complete it. Regulation 3 requires submission within four weeks of appointment. Keep a dated proof of submission.
Identify the due date(s) for accounts as set by the Public Trustee. Regulation 4(1) requires lodging accounts in the Public Trustee approved form within four weeks of the due date approved by the Public Trustee, unless the Public Trustee allows otherwise. Engage an accountant or bookkeeper if necessary.
Establish a records retention system for all documents relating to the estate's financial transactions. Regulation 4(2) requires retention and production on demand. Keep originals or certified copies, and document chain of custody.
If you cease to be administrator because of a State Administrative Tribunal order or the represented person’s death, prepare final accounts immediately and lodge them within four weeks of the event (reg 4(3)(a)-(b)). Monitor dates to avoid missing the deadline.
Verify the factual accuracy of all submitted information. Regulation 5 makes knowingly providing false or misleading information an offence. Keep supporting documents and contemporaneous notes to demonstrate reasonable care.

Enduring power of guardianship (Schedule 1). For appointors:

Use the Schedule 1 form as the prescribed form (reg 6). Do not alter the operative parts of the form. Remember notes are for assistance only and not part of the form (reg 8).
Decide whether to appoint a sole enduring guardian (section 1A) or joint enduring guardians (1B), and whether to appoint substitute guardians (section 2). If appointing joint guardians, note that joint guardians must make unanimous decisions (Schedule 1 note 5 referencing GAA s.53 as applied by s.110H(b)).
Specify whether surviving joint guardians are to act in the event of a death (section 3A or 3B).
Choose the scope of functions to be conferred: all functions (4A) or only specified functions (4B). Do not attempt to confer prohibited functions such as property decisions or changing wills without court order; Schedule 1 notes list prohibited functions (Schedule 1 notes referencing GAA s.110G).
Include any directions in section 6 about how guardians are to perform functions if desired. Ensure specificity to reduce later disputes.
Sign in the presence of two witnesses, at least one authorised to witness statutory declarations (Schedule 1 notes and footnote 17). If physically incapable of signing, use the permitted directed signing process and ensure the maker is present when the other signs.

For appointees:

Sign the acceptance of appointment and have two witnesses present, with at least one authorised witness (Schedule 1). Appointees must be 18 or older with full legal capacity (Schedule 1 note 2 citing GAA s.110D).

Advance health directive (Schedule 2). For makers:

Use the Schedule 2 form as prescribed (reg 7). During the transitional period after 4 August 2022 both the new and former Schedule 2 were prescribed (reg 9(2)); after the transitional period use the current Schedule 2.
Complete Part 1 fully. Part 4 is mandatory: you must make at least one treatment decision in Part 4 for the instrument to be a valid AHD under the Act (Schedule 2 statement).
For life-sustaining treatment (Part 4.1), select one option or complete the Option 4 table. Be explicit about circumstances if consenting conditionally.
For other treatments (4.2) and medical research (4.3), specify the circumstances where your decisions apply.
Keep a copy of the AHD in a safe and accessible place. The form recommends uploading to My Health Record and providing copies to regular health professionals to ensure availability when required.
Sign in the presence of two witnesses, at least one authorised to take statutory declarations. If you cannot sign, follow the directed signing procedure in the presence of witnesses (Schedule 2 Part 6).

Health practitioners and institutions:

Check for the presence of a current AHD when treating a person lacking capacity. If an AHD applies to a particular treatment, an enduring guardian cannot consent or refuse consent for that treatment (Schedule 1 note 11 referencing GAA s.110ZJ).
Where AHDs are present, retain a copy in the clinical record and follow the maker’s expressed decisions where valid.

Public Advocate and Public Trustee (disclosure compliance):

If considering disclosing personal information to the NDIS Agency, Commission, CEO or Commissioner, record the rationale demonstrating satisfaction that the information is relevant to the recipient’s functions or powers under the Commonwealth NDIS Act (reg 8A(2)(a)-(d)). Maintain contemporaneous decision records to support the relevance assessment.
Limit disclosures to information necessary for the recipient’s performance of their functions under the NDIS Act.

Record-keeping and risk management:

Maintain a compliance calendar for four week reporting deadlines triggered by appointment, due date of accounts, tribunal orders or death. Document requests for any Public Trustee allowances to extend deadlines.
For all forms and witnessings retain originals or certified copies and record witness identities and qualification to witness statutory declarations.
For any disclosure under reg 8A, preserve the relevance test documentation and any redactions or minimisation steps applied.

Professional advisers:

Ensure any forms you prepare for clients are current copies of Schedule 1 or 2 as prescribed and that witnessing requirements are met. For administrators, ensure the Public Trustee-approved templates are used for information and accounts.
Advise clients about the mandatory content requirements (particularly Part 4 of AHDs) and the limits on enduring guardian powers vis-à-vis AHDs.

Finally, where uncertainty exists (for example whether a particular conditional consent is sufficiently specific), seek advisory guidance from the Public Trustee or consider seeking declaratory relief under the Guardianship and Administration Act or State Administrative Tribunal directions to reduce litigation risk.

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