Best Guardianship Lawyers in Hurstville

About Guardianship Law in Hurstville, Australia

Guardianship law in Hurstville, Australia, is governed under the New South Wales legislation, which involves the appointment of a guardian to make decisions on behalf of an individual who is unable to make decisions due to incapacity. This may be due to age, disability, or illness. The primary aim is to protect the wellbeing and interests of the person under guardianship, ensuring their needs are met responsibly and compassionately.

Why You May Need a Lawyer

There are several situations where you might need legal assistance with guardianship in Hurstville. These include:

• Establishing guardianship for an elderly parent who can no longer manage their affairs.
• Contesting a guardianship appointment you believe is not in the best interest of the person.
• Seeking guardianship for a child with a disability as they transition to adulthood.
• Needing to understand your rights and responsibilities as a guardian.
• Navigating complex legal processes involved in applying for guardianship.

Local Laws Overview

In New South Wales, guardianship is primarily managed under the Guardianship Act 1987 and the NSW Trustee and Guardian Act 2009. The key aspects include:

• Types of guardianship: There are different types of guardianship, temporary or permanent, each serving different needs and conditions.
• Role of the NSW Civil and Administrative Tribunal (NCAT): This tribunal is responsible for hearing guardianship applications and making decisions.
• Applications: When applying for guardianship, a detailed application must be submitted, including medical reports and personal statements.
• Considerations for appointment: The tribunal considers the needs, welfare, and wishes of the individual before appointing a guardian.

Frequently Asked Questions

What is a guardian responsible for?

A guardian is responsible for making decisions regarding personal, medical, and accommodation needs of the person under guardianship.

How is a guardian appointed?

A guardian is appointed through an application process that involves the NSW Civil and Administrative Tribunal, which evaluates the circumstances before making a decision.

Can family members be appointed as guardians?

Yes, family members can be appointed as guardians if deemed appropriate and in the best interest of the person needing care.

What if there is a dispute over who should be the guardian?

Disputes are resolved by the tribunal, which will hear relevant evidence and consider the best interests of the individual concerned before making a decision.

Can guardianship decisions be appealed?

Yes, decisions made by the tribunal can be appealed, but there are specific processes and timeframes that must be followed.

What happens when the person under guardianship dies?

The guardianship order ends automatically when the person under guardianship passes away.

Is there financial assistance available for guardians?

In some cases, financial assistance or state resources may be available to support the guardian in their duties.

What is a substituted decision-making model?

This is a model where the guardian makes decisions they believe the individual would have made themselves, respecting their values and wishes.

How long does the guardianship process take?

The process duration can vary based on the complexity of the case and the tribunal's schedule, but it generally takes a few months.

Can a guardianship order be modified or revoked?

Yes, orders can be reviewed and modified or revoked if there are changes in circumstances or the needs of the person under guardianship.

Additional Resources

For further assistance and information on guardianship in Hurstville, you may contact the following resources:

• NSW Trustee & Guardian: Provides guidance on managing legal and financial affairs.
• NSW Civil and Administrative Tribunal (NCAT): Tribunal handling guardianship matters.
• Legal Aid New South Wales: Offers legal assistance to those who qualify.
• Office of the Public Guardian: Advises on guardianship roles and responsibilities.

Next Steps

If you need legal assistance with guardianship in Hurstville, consider hiring a lawyer specialized in this area. You should:

• Research and contact local law firms with experience in guardianship.
• Schedule an initial consultation to discuss your situation and options.
• Prepare necessary documentation, such as medical reports, to expedite the process.
• Seek advice on potential funding or legal aid options to manage the costs of legal services.

By adequately preparing and seeking professional advice, you can navigate the guardianship process more effectively.