guardianship

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A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Guardians are typically used in four situations: guardianship for an incapacitated senior (due to old age or infirmity), guardianship for a minor, and guardianship for developmentally disabled adults and for adults found to be incompetent.

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  1. Baldy44

    QLD Duty to protect child under long term guardianship order from foreseeable harm. What type of lawyer do I need ?

    *Disclaimer- names of people in this description have been changed to protect privacy of the victim. Tom’s Case—Systemic Child Protection Failure: Is There a Negligence Claim? Personal injury claim? Self-placement with documented abuser = foreseeable harm Post-ICU discharge return =...
  2. R

    VIC Enduring Guardianship V's Enduring Medical Power of Attorney

    I have been appointed Enduring Guardian over my Mother that has Dementia. My Sister has Enduring PoA (Medical Treatment), side note: I am the Alternate named in that doc. Question 1: Do I have the power to overrule her Medical decisions relating to my Mother? I have read different docs stating...
  3. Joanne Mansell

    VIC Guardianship VCAT

    Really stuck with questions of law with a VCAT application form.
  4. Joanne Mansell

    VIC Guardianship VCAT appeal?

    I have a VCAT appeal form to lodge on the 7 April. I am having difficulty with questions of law. I can’t Find a barrister. I have the grounds of appeal, however are stuck on question of law. I am truly in a mammoth bind.
  5. B

    QLD Temporary Guardianship of child

    Hi, My infant child has been living in Australia with his Mum. Im moving to Australia in a few months. My name is on birth certificate. Recently the Mother has moved out of her home due to mental health issues. Subsequently the Grandmother has taken over care until the Mother can cope mentally...
  6. R

    WA Getting My Baby Back - Go to Police or Court?

    My ex’s sister-in-law has been looking after my daughter for almost 3 years now. I haven’t seen her for 2. She is now 5. For the past 2 years, I have tried to contact this sister to gain access to my baby & only ever received a response 2 months ago. She was meant to have brought my daughter up...
  7. J

    NSW Enduring Guardianship

    Hi My question is two-fold regarding enduring guardianship in NSW. As background information, an elderly relative in my family has been suffering incapacitation from dementia for about 6 years, has been in an aged care facility for about 4 years and is currently in the advanced stages of...
  8. 2

    QLD Bequeathing Guardianship if I were to Die?

    Is there any way to bequeath guardianship / appoint a guardian if I were to die / become incapacitated? Currently have Joint Parental Responsibility (Consent orders 2012), but need to apply for Sole Parental Responsibility as the Father is no longer in contact, not able to sustain a...
  9. P

    QLD Legal guardianship of a child

    I have 100% parental responsibility of my child after the mother was found to be a risk to the child. Is it possible to make my wife (the child's step mother) a legal guardian so that she can sign school and medical documents etc and make necessary decisions if I am not available? And to protect...
  10. L

    NSW De Facto Relationships and Guardianship Query?

    I was recently doing my RCG and heard mention of how the law's work when accompanying a minor into a pub (the family friendly areas, of course) could be done by parents, appointed stand in parents, or even someone over 18 who is their de facto relationship partner. I asked under what context...