The Future of Adult Guardianship in Federal Australia

Abstract

This article explores two key societal developments that in different, yet related, ways are encouraging national policy changes to Australia's state- and territory-based adult guardianship arrangements. The first concerns the changing demographic nature and disability profile of those Australians who are subject to guardianship orders, with older Australians increasingly—through age-related disabilities—being eligible for guardianship orders. The second concerns the supremacy of the rights paradigm under which guardianship and all other forms of state regulation are increasingly operating, which itself creates opportunities for, and expectations of, national-level policy making and leadership. The article examines recent academic literature as well as literature generated by recent government inquiries, and argues that while the states and territories should continue to regulate the provision of guardianship, certain national policy developments are warranted. These include clearer guidance about the need for substitute decision making when people become residents of aged-care facilities, and the development of national guardianship principles.