The Social Gradient of Adult Guardianship in South Australia

Abstract

The socio-economic capital in a random sample of 146 first guardianship orders made by the Guardianship Board of South Australia was compared to expected, derived from analysis of the Victorian Law Reform Commission (using ABS SEIFA indexes). Results found a significantly greater than expected proportion of guardianship orders at low socio-economic deciles. Regression modeling suggested a causal relationship wherein 66% of the decline in incidence is explained by increasing socio-economic capital. Objective conditions of disability do not explain the observed distribution alone. Whilst a number of exogenous variables might be implicated, access to social capital is strongly consonant with the substituted judgement standard in making guardianship orders. In particular, the adequacy of informal arrangements and the least restrictive choice. Tribunal members' perceptions of social capital may influence the way this standard is applied, and may account for the observed distribution.