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Guardianship refers to the legal authority that permits one person, named a guardian, to make decisions on behalf of another person (often a minor or someone incapable of making sensible decisions due to disability). These decisions commonly relate to health, financial matters or lifestyle. The person for whom a guardian is appointed is called a 'ward' or 'protected person.' In Hurstville, Australia, Guardianship is governed by the 'Guardianship Act of 1987.'
Engaging a lawyer in guardianship cases is highly advisable. Situations where legal help may be required include setting up an appropriate guardianship structure, revising an existing guardianship agreement, mediating conflicts between family members over guardianship roles, or advising and representing you in court when there are disputes related to the ward's welfare or guardian's decision-making authority. Unexpected legal issues may arise during the process which necessitate a legal expert’s intervention.
The prominent regulation covering guardianship issues in Hurstville is the New South Wales Guardianship Act of 1987. In this act, criteria is established for who can become a guardian and the responsibilities and restrictions that come with such a role. Essential aspects of this law specify that the appointed guardian must always keep the ward's best interest in mind, respect their rights, and whenever possible, encourage the ward's independence. The NSW Civil and Administrative Tribunal (NCAT) handles appointments of guardianship.
1. Who can become a guardian in Hurstville?
Any adult person who has the capacity and willingness to be a guardian can become one. However, it's preferred if they have a close relationship with the ward.
2. Can a guardian make all decisions for the ward?
No. A guardian can only make the decisions specified in the guardianship order.
3. Can a guardianship order be changed?
Yes. You can apply to the NSW Civil and Administrative Tribunal to appeal or change an order.
4. What is the term of a Guardianship order?
Guardianship orders can last up to 5 years, but the tribunal could specify a shorter period.
5. Does guardianship override a will or estate plan?
No. An estate plan or will overrules a guardianship order.
The NSW Civil and Administrative Tribunal, NSW Public Guardian, and NSW Trustee and Guardian are key governmental bodies dealing with guardianship matters and providing resources. The Legal Aid NSW also provides free information, advice, and assistance for guardianship issues.
If you require legal assistance in the area of guardianship, consider engaging with a legal professional who specializes in this area. Prepare detailed information about your case beforehand to discuss it thoroughly with your lawyer. You may need to collect relevant documents, evidences, medical reports if applicable.
