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Guardianship law in Salisbury, Australia, is primarily concerned with assigning responsibility for individuals who cannot manage their affairs due to disability, age, or other incapacities. These laws enable a guardian to make personal, medical, and financial decisions on behalf of the person under guardianship, who is often referred to as ‘the ward.’
Legal assistance may be required in a variety of guardianship-related situations. For instance, if you want to become a guardian for an incapacitated person, establishing your eligibility and securing the appointment can be complex and may need legal guidance. You may also need legal help if you are a ward challenging a proposed guardianship or disputing the actions of your guardian. Lawyers can also be essential when disputes arise among family members over guardianship issues, or when financial exploitation of a ward is suspected.
Local guardianship laws in Salisbury, Australia, adhere to both the Commonwealth and South Australia’s legal frameworks. A guardian may be appointed by a court or tribunal, such as the South Australian Civil and Administrative Tribunal (SACAT). The guardian's responsibilities may include health care decisions, lifestyle choices, and in some cases, financial management. It is worth noting that financial management is typically represented separately by an administrator where necessary. The law seeks to protect the ward's interests, emphasizing that decisions should be least restrictive of a ward's rights and freedom of action.
Who can apply to be a guardian?
Any responsible adult with a genuine concern for the welfare of an individual can apply to be a guardian. Bodies such as advocacy groups or the public advocate can also apply.
How long does a guardianship order last?
A guardianship order is typically reviewed every 12 months but can last as long as the tribunal deems necessary.
Does a ward lose all their rights under guardianship?
No, the goal of guardianship is to uphold a person’s rights and enable them to make decisions wherever possible.
What is the difference between a guardian and a power of attorney?
A guardian is court-appointed and makes personal and healthcare decisions, while a power of attorney is chosen by the individual and often handles financial matters.
Can a guardianship order be changed or revoked?
Yes, the ward or any interested party can apply to the tribunal for changes or revocation. A lawyer can help navigate this process.
Governmental bodies like the South Australian Civil and Administrative Tribunal (SACAT) and the Office of the Public Advocate can provide additional resources. Legal Aid South Australia may also offer further advice and assistance.
If you need legal assistance in matters related to guardianship, you should arrange a consultation with a lawyer who specializes in guardianship law. They will be able to assess your situation, provide necessary advice, assist in making applications to the tribunal, or help in resolving any disputes or accusations related to guardianship.
