Disability
7. Guardianship
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 15 Jul 2015
- If you have a disability a person may be appointed to make decisions on your behalf when you are unable to do so.
- Usually a person over the age of 18 is entitled to make their own decisions about all aspects of their life unless they have appointed a guardian at a previous time and have now lost capacity. The person appointed under an enduring guardianship such as this will be responsible for making decisions in the best interest of the individual with a disability.
- A guardian is responsible for the lifestyle, housing and medical decisions of the incapable person.
- A guardian can be appointed under the various state and territory legislation such as the Guardianship Act 1987 (NSW). The guardian will usually have limited powers that depend on the specific needs of the incapable person. These powers will not be all encompassing.
- The type of guardianship arrangement that will be suitable in each situation will be different. A lawyer can help you draft a guardianship agreement that suits your needs.
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