Becoming a Legal Guardian

Becoming a Legal Guardian

In New South Wales (NSW), there are different types of guardianship to cater to the needs of children and individuals with disabilities. For children, legal guardianship involves a court-appointed guardian who takes on the responsibilities and rights of a parent, ensuring the child's welfare, education, and health needs are met. This type of guardianship is typically considered when a child's parents are unable to care for them due to various reasons, such as incapacity, absence, or unwillingness.

On the other hand, guardianship for individuals with disabilities, often referred to as 'adult guardianship,' involves appointing a guardian to make decisions for an adult who lacks the capacity to do so themselves due to a disability or mental illness. This type of guardianship ensures that the individual's personal and financial matters are managed in their best interest, safeguarding their wellbeing and rights. Both forms of guardianship are crucial in providing the necessary support and protection to those who are vulnerable and unable to advocate for themselves.

In this article, you'll be learning about the different types of guardianship in New South Wales, focusing on the specific responsibilities and processes involved in both child guardianship and adult guardianship for individuals with disabilities. You'll gain a deeper understanding of the critical roles guardians play in ensuring the welfare and protection of those who are most vulnerable.

Responsibilities of Children’s Legal Guardians

Becoming a legal guardian is a significant responsibility. Here’s a concise list of key responsibilities:

Full Care and Responsibility Over the Child’s Needs

• Health and Well-being: Manage health care, provide proper care, maintenance, education, and support.
• Basic Necessities: Supply food, clothing, shelter, and necessary items.
• Medical Authorisation: Authorise medical, surgical, dental, psychiatric, and other treatments.

Providing a Stable and Secure Environment

• Basic Needs: Ensure access to nutritious food, comfortable clothing, and a safe living environment.
• Education and Healthcare: Enrol the child in school and ensure regular medical checkups.
• Emotional Support: Provide a loving, supportive, and nurturing home environment.

Acting in the Child’s Best Interests

• Consider the child’s age, health, emotional needs, cultural background, and preferences.
• Avoid circumstances not in the child’s best interests, such as:

Managing the Child’s Financial Affairs

• Financial Management: Open bank accounts, pay for education and healthcare, and invest wisely.
• Accurate Records: Keep financial records and report regularly to the family court.
• Separation of Funds: Manage the child’s finances separately from personal funds.

Responsibilities of a Legal Guardian For an Adult

The Guardianship Act 1987 outlines duties for legal guardians of adults with decision-making disabilities:

• Prioritise the welfare and interests of the individual.
• Restrict freedom of decision and action as little as possible.
• Encourage normal community living and self-reliance.
• Protect from neglect, abuse, and exploitation.
• Consider the individual’s views and preserve family and cultural relationships.

How to Become a Legal Guardian in NSW

Here’s an overview of the steps:

1. Assessment: Submit necessary documents for assessment.
2. Interviews: Participate in interviews covering family background, child’s needs, and plans.
3. Home Inspection: Ensure the home is safe and suitable for the child.
4. Assessment Report: A caseworker finalises the assessment and recommendation.
5. Court’s Decision: The Children’s Court makes a legal guardianship order.

Know More About Becoming a Legal Guardian

If you are considering becoming a legal guardian, it is important to hire a family lawyer to help you with the process. Family lawyers at JB Solicitors can explain more about becoming a legal guardian in NSW.

Contact us today if you need assistance.