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Guardianship law in Hobart, Australia, is generally governed by the Guardianship and Administration Act 1995 (Tas). This law provides a framework for making decisions on behalf of adults who have a disability and are unable to make decisions for themselves. It is intended to protect the rights and wellbeing of these individuals, ensuring that their best interests are always prioritized. Different types of guardianship orders can be made, depending on the individual's needs and circumstances.
While it isn't mandatory to have a lawyer in seeking guardianship orders, having legal assistance can be beneficial for several reasons. These may include complex situations where disagreements or disputes occur between family members, when the intended ward has significant assets that need managing, or when there's a need to interpret complex legal language within the law and guardianship orders. Legal help can also ensure all necessary procedures and paperwork are correctly completed to avoid procedural issues that may cause delays or denial of your application.
The Guardianship and Administration Act 1995 (Tas) outlines that the guardian must always act in the best interest of the represented person and these decisions can be of a personal or financial nature. The act also emphasizes the principle of least restrictive intervention, meaning guardianship orders should only be made when it’s necessary and any restrictions imposed should be the minimum required. It also outlines provisions for an appointed administrator in situations where the individual lacks the capacity to manage their own financial affairs.
Typically, the relatives or close friends of the depicted person can apply for guardianship. Professionals like a doctor or social worker, or any concerned person, can also apply, based on the Guardianship and Administration board’s discretion.
Guardians are appointed by the Guardianship and Administration Board after thorough consideration of the applicant's suitability and the best interests of the person needing a guardian.
A guardian is responsible for making decisions related to the personal and lifestyle matters of the depicted person. These may include medical treatment decisions or where the person should live. The decisions should always uphold the best interests of the depicted person.
Yes, guardianship orders can be reviewed, varied, or revoked by the Guardianship and Administration Board if the circumstances of the depicted person change significantly, or it appears to the board that it’s in the depicted person's best interest.
Yes, a person can object to the appointment of a guardian during the application process. Objections can also be made about a particular decision made by a guardian with the help of representation at a hearing.
The Tasmanian Department of Justice website and the Guardianship and Administration Board’s website provide valuable information about the guardianship system in Hobart. Additional support can be obtained from community legal centres and advocacy organizations specializing in supporting people with disabilities and their families.
If you believe you require legal assistance in obtaining a guardianship order, it would be advisable to consult a lawyer specializing in this area. The lawyer can provide individualized advice based on your circumstances, assist you to understand the process, prepare paperwork, and represent you in proceedings if necessary. It’s important to remember each guardianship case is unique, so thorough consultation with legal professionals is beneficial to ensure the best possible outcome for the depicted person.
