Welfare Guardianship
Did you know?
1. You are not automatically your child's legal guardian once they reach
the age of 21 years.
2. Anyone can apply to become a Welfare Guardian to any adult person with an intellectual
disability.
3. You are usually appointed as a Welfare Guardian for a period of three
years and the Courts send you no reminder when the term is about to end.
You can become a Welfare Guardian if -
- you’re involved in the care and/or protection of a
person with an intellectual disability, or you have been involved for
some time in that person’s life.
- that person is aged 20 years or more.
- the Court agrees that the person with an intellectual
disability is NOT capable of making informed decisions affecting their
life.
- you are considered by the Court to be a suitable person who
can act in the best interests of the person with an intellectual
disability.
The Court will specify -
- what areas of the person’s life you have decision-making control over.
- how long the Welfare Guardianship Order will stay in force (at the moment 3 years).
- whether you may share Welfare Guardianship with another person.
Back to Top
A Welfare Guardian can be -
- a parent.
- a brother or sister.
- another relative.
- a caring friend.
- a solicitor.
- another person involved in the regular care of the person with an intellectual disability.
- the manager of the person’s usual home.
- in fact, just about anyone who can convince the Court they
have the best interests of the person with an intellectual disablity at
heart.
Back to Top
What do Welfare Guardians do?
It depends on what the Court decides you will have decision-making control over.
You can ask for decision-making involvement over -
- a person’s property, money and possessions (although this is usually covered by a Property Protection Order).
- where a person will live.
- medication changes and treatment.
- day time activities and involvement with work and recreation programmes.
If you become a Welfare Guardian you won’t be expected
to take over the care of the person - only to be involved in the
decisions made about their lives. Of course, it helps if you know the
person well so you understand what they would probably want, or what
they need, to keep them safe and well.
Back to Top
What does this mean?
Even if the person with an intellectual disability does not
live with you, the people who cares for her or him will have to consult
you about any life changes before they happen.
It does NOT mean you have the right to stop changes that will improve
the intellecually disabled person’s life, but if you have strong
objections you may enforce these legally.
If others don’t like your decision they will have to contest your
right to remain a Welfare Guardian. Then the whole matter will be heard
in the Family Court and all the issues will be discussed openly. It
rarely comes to this.
Back to Top
How much does it cost?
If you make the application yourself it costs you nothing.
You are making the application on behalf of the person with the
intellectual disability and they are highly likely to be on a benefit
and entitled to Legal Aid.
If you choose to use a lawyer to represent you then it may cost several hundred dollars.
Back to Top
How can you apply?
You make the application by going to the nearest Family Court
office and asking for the forms for Welfare Guardianship. The forms are
confusing - so if you need help - ask. Family Court officers are
usually very helpful.
Back to Top
The forms
One form is filled in as if you were your son/daughter/sibling
etc asking to have a Welfare Guardian appointed. Then you fill in a
part that is YOU agreeing to act as a Welfare Guardian.
Another set of forms are to be filled in by other family members or
people who might have a strong claim to be involved in the
person’s life. These people could include another parent, other
siblings, or a longtime carer of the person. These forms ensure that
you are not trying to seize Guardianship when another person would have
more claim to that position.
Back to Top
Other information
If you cannot get permission from a family member, write a
letter stating the reasons why. The Court may still decide you are the
best person to be the Welfare Guardian.
You also have to supply a doctor’s certificate detailing the
level of disability of the person with an intellectual disability.
When all these forms are complete you lodge the application at the Family Court.
What happens then?
In a week or so you will get a letter from a lawyer who has
been appointed to act on behalf of the person with an intellectual
disability. This lawyer either accepts the evidence of the doctor or
personally interviews the person with an intellectual disability, if
this is possible. The lawyer may get extra evidence or reports.
When he or she is satisfied, the lawyer files a report on the
application. You will probably receive a copy of this report along with
the notice of a Court hearing date.
You do NOT need to hire a lawyer to represent yourself.
Back to Top
The Court Hearing
The Court hearing is held in the Family Court rooms. You are
likely to meet your lawyer and/or the lawyer acting for the person with
an intellectual disability outside for a brief meeting. Someone will
call you into the Court when your case comes up. You’ll be shown
where to sit by the Court officer.
In a few moments the Court Officer will ask you to stand as the Judge
enters. Once the Judge is seated you sit down. You don’t need to
say anything unless the Judge asks you a question. Most of the talking
will be done by the lawyer representing the person with an intellectual
disability.
Back to Top
The decision
The Judge will usually make an immediate decision about
whether you are to become the Welfare Guardian and over what areas you
should have decision-making control. The final decision will be written
down and sent to you in a week or so.
Welfare Guardianship Orders last only three years. If you want to
continue being a Welfare Guardian, you will need to make another
application. You will NOT get a reminder from the Court. It is up to you
to make sure you continue to be legally entitled to act as the person's
guardian.
You are welcome
to print off the information here. It has, however, cost many hours of
voluntary time and some resources to mount this web page. Consider sending
us a $20 membership to help us continue this work.
Back to Top
You are
welcome to print off the information here. It has, however, cost many
hours of voluntary time and some resources to mount this web page.
Consider sending us a $20 membership to help us continue this work. |
