Reading time: 3 minutes

To the parents and carers of a family member with a disability, the single most concerning issue in respect of their own mortality is the welfare of that person when they’re no longer capable of looking after them on a day-to-day basis (“Who will look after [him/her] when I’m not around any more?”). Perhaps another family member will be prepared to step into the breach and take on this responsibility and, that being the case, that’s great, but formal arrangements will still need to be made so that the person stepping into the role of carer/guardian has the appropriate legal and financial authority effectively to fulfil the role. On the other hand, what if no-one else is available (or prepared) to take on the role of carer/guardian of the person with the disability – what happens then? If no-one else is available and/or willing to take on this role (or if the only person available is for some reason inappropriate or unsuitable, then the Guardianship Tribunal – a legal tribunal established under the NSW Guardianship Act (1987) – can hear and determine applications for the appointment of guardians and financial managers for adults with decision-making disabilities. The Tribunal can also:

  • Review the guardianship and financial management orders it makes;
  • Review enduring powers of attorney and enduring guardianship appointments;
  • Provide consent to medical or dental treatment; and/or
  • Approve a clinical trial so that people with decision-making disabilities can take part.

The Public Guardian (often referred to as the “OPG” – Office of the Public Guardian) promotes the rights and interests of people with disabilities through guardianship, advocacy and education. The Guardianship Tribunal appoints the NSW Public Guardian as guardian of last resort and the Public Guardian then acts as a substitute decision-maker for people under his or her guardianship. Some people may be happy at the prospect of the affairs of their family member with a disability being put in the hands of a State Government instrumentality – many, having devoted much of their lives to the care and guardianship of this person, may not. However, unless you have a current Will in place that is both valid and appropriate, and you have made provision in it for the care, maintenance and support of your disabled family member, it may well be that this person will be cared for – for good or ill – by just such an instrumentality, and you and your family will have no say in the matter at all.

Please note that LegalVision is a commercial law firm and cannot assist with these matters. We recommend you contact your local law society.

Webinars

Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

Online
If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Online
Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Online
Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Online
Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Online
Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Online
Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Online
Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

Online
As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards