Best Guardianship Lawyers in Sydney

About Guardianship in Sydney, Australia

Guardianship in Sydney, Australia, involves the appointment of a guardian by the NSW Civil and Administrative Tribunal (NCAT) to make decisions for adults who lack the capacity to handle their own affairs. These decisions could be largely related to personal or health matters, and the guardian's role is to facilitate the well-being and protect the rights of these individuals. The guardianship can be designated to a private guardian (usually a friend or family member) or the Public Guardian.

Why You May Need a Lawyer

You may need a lawyer when navigating the intricacies of the guardianship process. Challenges may arise during the application process, the assessment of an individual's capacity, or dispute resolution among interested parties. Lawyers can provide the necessary advice to ensure the guardianship process proceeds smoothly and legally. They also offer representation during proceedings and help in interpreting the legal obligations of the appointed guardian.

Local Laws Overview

The Guardianship Act 1987 (NSW) governs the appointment and conduct of guardians in Sydney. Key provisions include: the rights of people with disabilities to make their own decisions wherever possible, the obligation to ensure that the welfare and interests of the person under guardianship are top priority, and that any restrictions on the individual's freedom and rights are minimal. In addition, the law requires the guardian to always consider the protected person's view and wishes.

Frequently Asked Questions

1. Who can apply for guardianship? Anyone concerned about the person’s welfare can apply, including family members, friends, healthcare professionals, or social workers.
2. Is the guardianship permanent? No, the term is generally set by the appointing authority (NCAT) and is subject to review.
3. What type of decisions can a guardian make? This can vary case by case but may include decisions such as where the person lives, health care decisions and day-to-day wellbeing concerns.
4. What does the role of a guardian entail? The primary role of a guardian is to ensure that the person they're guardian for has their needs met and interests protected.
5. Can someone under guardianship make a will? A person under guardianship may still be able to make a will, but some requirements need to be met and legal advice is recommended.

Additional Resources

For additional knowledge and support, individuals can access resources from the NSW Civil and Administrative Tribunal (NCAT), Office of the Public Guardian, the NSW Trustee and Guardian, and Advocacy groups like the Guardianship Division.

Next Steps

If you wish to apply for guardianship or need legal assistance in guardianship matters, start by contacting a legal professional with sufficient experience in this field. They will guide you through the application process or any legal proceedings, in line with the laws laid down under the Guardianship Act 1987. Be sure to thoroughly consider the implications and responsibilities of guardianship before making your decision.