SACAT Guardianship Application South Australia

When You Need SACAT

The South Australian Civil and Administrative Tribunal (SACAT) becomes involved when someone has lost decision-making capacity and there's no valid Enduring Power of Attorney (for financial matters) or Advance Care Directive (for personal and medical matters) in place. Without these documents, no one — not a spouse, not an adult child, not a sibling — has automatic legal authority to manage the incapacitated person's affairs.

SACAT can appoint two types of decision-maker:

• Administrator — manages the person's financial and property affairs (bank accounts, bills, investments, property sales)
• Guardian — makes personal and lifestyle decisions (healthcare, accommodation, social activities)

Both roles can be filled by a family member, a friend, or a professional body like the Public Trustee (administration) or the Office of the Public Advocate (guardianship).

The Application Process

Filing

Applications are lodged through SACAT's online portal. If you cannot complete the form online, contact SACAT or use a public kiosk at its office. There is no filing fee for guardianship and administration applications under protective jurisdiction — SACAT explicitly exempts these matters from initiating and service fees.

You'll need to provide:

• Details of the person who has lost capacity (the "subject person")
• Details of the proposed administrator or guardian — who you're asking SACAT to appoint
• Medical evidence — a comprehensive medical or psychological report from a registered practitioner confirming the subject person's loss of capacity and its nature
• Financial information — a summary of the subject person's assets, liabilities, and financial arrangements
• Details of other interested parties — family members and anyone else who has a legitimate interest in the outcome

The Evidence Hurdle

The medical evidence is where applications most often fail. SACAT won't accept a brief GP letter stating the person "isn't coping." They require a formal assessment that addresses the person's decision-making capacity — not just their physical health or general cognitive state.

The medical report should cover:

• The specific diagnosis (dementia, acquired brain injury, stroke, etc.)
• How the condition affects the person's ability to understand, retain, and weigh information relevant to decisions about their finances or personal care
• Whether the incapacity is temporary or permanent
• The date of assessment

If the medical evidence is incomplete or doesn't adequately demonstrate incapacity, SACAT will refuse the application. You then need to obtain a better report and reapply — restarting the entire timeline.

Processing Times

A standard SACAT hearing takes 4 to 6 weeks from the submission of a complete application. "Complete" means all evidence is filed, all interested parties have been notified, and no additional information is required.

During that 4 to 6 week wait:

• Bank accounts remain frozen to individual transactions (joint accounts can still be operated by the other holder)
• Bills, mortgage payments, and care fees may go unpaid
• The family often has to cover expenses out of pocket with no guaranteed reimbursement timeline
• Property transactions cannot proceed

Urgent Applications

If there is an immediate, serious risk to the subject person's health, safety, or financial security, SACAT can hear an urgent application within 24 to 48 hours at the Tribunal's discretion. You must demonstrate genuine urgency — a bank threatening to repossess a home, essential medical treatment that requires consent, or evidence of active financial abuse.

Urgent orders are usually interim (temporary) measures. SACAT will schedule a full hearing to make a final order once all parties have had the opportunity to be heard.

What Happens at the Hearing

SACAT hearings are relatively informal compared to a court proceeding. The Tribunal member will:

1. Review the medical evidence
2. Hear from the proposed administrator/guardian about their suitability
3. Hear from any objecting family members or interested parties
4. Consider what's in the best interests of the subject person

If the application is uncontested — all family members agree on who should be appointed, and the medical evidence is clear — the hearing is typically brief. Contested applications, where family members disagree, can take significantly longer and may require multiple hearing days.

The Public Trustee Risk

If SACAT determines that no suitable family member or friend is available to serve as administrator, or if family disputes make a private appointment unworkable, the Tribunal will appoint the Public Trustee.

The Public Trustee charges statutory commissions:

• 4.4% on the first $200,000 of assets
• 3.3% on the next $200,000
• 2.2% on $400,001 to $600,000
• 1.1% above $600,000

Plus annual administration fees ($211), hourly charges for property attendance ($214/hour), tax preparation ($286/hour), and other flat-rate services.

On a $400,000 estate, the capital commission alone is approximately $15,400. These fees are charged to the incapacitated person's estate — they reduce the assets available for the person's care and eventual inheritance.

How an EPA Avoids All of This

An Enduring Power of Attorney, executed while the person still has capacity, bypasses the entire SACAT process. The appointed attorney can manage financial affairs immediately (under Option A) or upon medical certification of incapacity (under Option B), without any tribunal application, hearing, or waiting period.

Similarly, an Advance Care Directive with appointed Substitute Decision-Makers covers the personal and healthcare decisions that would otherwise require a guardianship order.

Both documents are free to execute (Form P2 for the EPA, the ACD form from SA Health) and cost $204 to register with Land Services SA if property dealings are anticipated. Against the cost of SACAT proceedings, family disruption, and potential Public Trustee commissions, these documents represent the most cost-effective protection available.

The South Australia Power of Attorney Kit includes SACAT fallback information alongside the full EPA and ACD setup process — so you understand both the documents that prevent tribunal involvement and the pathway if intervention becomes unavoidable.

See more South Australia guides →