Becoming a legal guardian is a big responsibility that requires a commitment to providing a child or young person with a safe, loving, and supportive home. Legal guardians have the opportunity to make a positive impact on a child’s life and to experience the joy of watching a child grow and thrive.
A legal guardian in Australia is a person who has been legally appointed to make decisions on behalf of another person who is unable to make those decisions for themselves. This could be due to a variety of reasons, such as age, disability, or mental illness.
Interested persons may also make an application for the appointment of a guardian or administrator for an adult with impaired capacity for a matter. This includes family members, close friends, professionals, or anyone with a sufficient and genuine concern for the rights and interests of the adult.
Responsibilities of Children’s Legal Guardians
Here’s a list of responsibilities in becoming a legal guardian:
1. Full Care and Responsibility Over the Child’s Needs.
The role of a guardian involves providing full care and parental responsibility over the child’s needs, including managing their health care, providing proper care, maintenance, education, and support, supplying food, clothing, shelter, and necessaries, and authorising medical, surgical, dental, psychiatric, and other health-related treatments
2. Providing a Stable and Secure Environment for the Child.
The guardian’s role in providing a stable and secure environment for the child is to create a home where the child feels loved, supported, and safe. This includes providing the child with the following:
- Food, clothing, and shelter. The guardian is responsible for ensuring that the child has access to the basic necessities of life. This means providing the child with nutritious food, comfortable clothing, and a safe place to live.
- Education and healthcare. The guardian has the responsibility of enrolling the child in school and taking them to the doctor for regular checkups.
- Love and support. The guardian’s most important role is to provide the child with love and support. This means creating a warm and nurturing home environment where the child feels loved and accepted. The guardian should also provide the child with emotional support and encouragement as they grow and develop.
3. Acting in the Child’s Best Interests at All Times.
This means making decisions that are in the child’s long-term best interests, even if those decisions are difficult. Here are some factors that legal guardians should consider when making decisions in the child’s best interests:
- The child’s age and developmental stage.
- The child’s physical and mental health.
- The child’s emotional and social needs.
- The child’s cultural and religious background.
- The child’s wishes and preferences (if the child is old enough to express them).
- The likely consequences of each decision.
Moreover, such circumstances that may not be in the child’s best interests may include:
- A restraining order against the surviving parent
- Incidences of domestic violence perpetrated by the surviving parent; or
- A history of drug or alcohol abuse by the surviving parent.
4. Managing the Child’s Financial Affairs.
Legal guardians are also responsible for managing the child’s financial affairs. This includes things like opening a bank account for the child, paying for the child’s education and healthcare expenses, and investing the child’s money.
They must exercise special care in managing the child’s money and property and may not use the child’s money to benefit themselves or anyone else except the child.
The prospective guardian must keep accurate financial records, regularly report to the family court, and manage the child’s funds strictly in the child’s interest. Most importantly, the guardian must not mix the child’s finances with their own
Responsibilities of a Legal Guardian For an Adult
The Guardianship Act 1987 No. 257 governs all matters concerning becoming a legal guardian in New South Wales (NSW) for adults with decision-making disabilities. Section 4 of the Act lists the duty of guardians under the law. It states that it is the duty of everyone exercising functions under this Act with respect to persons who have disabilities to observe the following principles:
- They must give paramount consideration to the welfare and interests of such persons.
- The freedom of decision and freedom of action of such persons should be restricted as little as possible.
- Such persons should be encouraged, as far as possible, to live a normal life in the community.
- They must take the views of such persons in relation to the exercise of those functions into consideration.
- The importance of preserving the family relationships and the cultural and linguistic environments of such persons should be recognised.
- Such persons should be encouraged, as far as possible, to be self-reliant in matters relating to their personal, domestic and financial affairs.
- Such persons should be protected from neglect, abuse and exploitation.
- The community should be encouraged to apply and promote these principles.
How to Become a Legal Guardian in NSW?
Here’s an overview of the steps in becoming a legal guardian in NSW:
- Assessment. The applicant-guardian must provide the necessary documents for assessment.
- Interviews. A series of interview will be conducted covering topics such as family background and relationships, the child’s needs, the applicant’s plans and the like.
- Home inspection. After the interview, there will be a home inspection to assess if the applicant-guardian’s home is safe and suitable for the minor children.
- The Guardianship Assessment Report and Suitability Statement. After steps 1 to 3, a caseworker will provide a finalised assessment and recommendation regarding the suitability of a person to become a guardian of a child.
- The Court’s Decision. After the preliminary assessment and inspection, the Children’s Court will decide and make a legal guardianship order.
To know more about the steps in becoming a legal guardian, this article may help. Being a legal guardian is a big responsibility, but on the bright side, you will have the opportunity to make a real difference in the life of a child.
If you are considering becoming a legal guardian, it is important to do your research and understand the responsibilities involved. But if you are up for the challenge, it can be a very rewarding experience.
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.
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