Best Guardianship Lawyers in Perth

About Guardianship in Perth, Australia

Guardianship in Perth, Australia involves appointing a person, known as a Guardian, with the legal authority to make important decisions on behalf of another person who is incapable of doing so themselves due to certain conditions such as age, illness or disability. Guardianship encompasses aspects like health, lifestyle, and other medical decisions but doesn't extend over areas like property and finance. The Western Australia’s Guardianship and Administration Act 1990 governs the Guardianship laws in Perth.

Why You May Need a Lawyer

Guardianship is a serious and complicated legal responsibility, one that involves significant decisions related to the welfare of another individual. You may need a lawyer to assist in the following situations:

• Applying for Guardianship: The application process can be complex. A lawyer can help you complete all necessary paperwork and navigate the court procedures.
• Disputes over Guardianship: In cases where there's a disagreement about who should be appointed as the Guardian or about the Guardian's decisions, legal advice can be of great importance.
• Understanding the duties and responsibilities: A lawyer can provide guidance on the responsibilities of a Guardian as per local laws.

Local Laws Overview

The key aspects of local laws regarding Guardianship in Perth are defined in the Guardianship and Administration Act 1990. Here are some important points:

• Any person over the age of 18, experiencing difficulty in decision-making due to a disability, may have a Guardian appointed by the State Administration Tribunal.
• The Tribunal can appoint a Guardian for short-term (interim order) or long-term (plenary order) duration, based on the needs.
• Guardianship does not give the Guardian control over the person’s financial and legal matters. A separate process for administration must be undertaken for this purpose.

Frequently Asked Questions

1. Who can be appointed as a Guardian?

   Any individual over the age of 18, who is not bankrupt or with conflict of interests, can be appointed as a Guardian. Even professional guardians may be appointed if required.

2. What decisions can a Guardian make?

   A Guardian can make decisions related to the person's healthcare, accommodation, services needed for well-being, and authorizing or refusing certain forms of health treatment.

3. What if the person doesn’t need a full-time Guardian?

   If the person can make some decisions but needs help with others, a limited order can be made by the State Administrative Tribunal to meet their specific needs.

4. Can a Guardianship order be appealed?

   Yes, decisions about Guardianship can be reviewed or appealed within 28 days of the order.

5. Is Guardianship free?

   Although there are no application fees, professional Guardians will usually charge for their service. This should be clarified at the outset.

Additional Resources

The Office of the Public Advocate in Western Australia is a major resource that offers information on Guardianship. They publish various factsheets on their website that can provide valuable information about the Guardianship process, rights, and duties. The State Administrative Tribunal website also provides procedural information about making applications for Guardianship.

Next Steps

If you are considering applying for Guardianship in Perth, first consult with a lawyer to understand your responsibilities and the application process. The lawyer can guide you through the process and help in dealing with any complications. If needed, contact the Office of the Public Advocate for further information or assistance. It is always recommended to do thorough research and consider the person's best interests before taking any steps towards Guardianship.