Summary

6.1          The proposals in this chapter focus on protecting and safeguarding older persons subject to guardianship or financial administration orders.

6.2          The majority of people subject to guardianship and financial administration orders are older persons with dementia. There are existing safeguards in place to protect persons subject to orders, yet statistics and case studies supplied to the ALRC demonstrate that older persons subject to guardianship or financial administration orders are not sufficiently protected from abuse.

6.3          The ALRC envisages that the proposed National Plan on elder abuse will provide a platform for the Commonwealth to work with states and territories to develop and implement best-practice models, including for guardianship and financial administration. The ALRC proposes a practical program of reform for guardianship and financial administration schemes to enhance safeguards. This includes the proposal that guardians and financial administrators be better educated to act in accordance with the obligations and responsibilities of their appointments. There may also be an opportunity to require the use of surety bonds.

6.4          Reform in this area aims to safeguard and protect older persons, but implementation would necessarily benefit all adults subject to guardianship or financial administration.