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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’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.

• 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.

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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.

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What do Welfare Guardians do?

It depends on what the Court decides you will have decision-making control 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.

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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.

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How much does it cost?

If you make the application yourself it costs you nothing.

If you choose to use a lawyer to represent you then it may cost several hundred dollars.

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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.

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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.

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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.

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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.

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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.

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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.