What are the Rights and Responsibilities does a Legal guardian have?

Becoming someone’s legal guardian is never easy, but it is a great responsibility. You must take care of endless responsibilities and also remember many rights.

This is understandable, considering the primary intent here is to promote the well-being of the vulnerable individual. Whether the person in question is a child, an elderly adult, or someone with a disability, the task at hand is challenging.

One way to make this easier is to familiarise yourself with the rights and responsibilities of competent guardianship lawyers. In this blog, we will explore some of these aspects to get a better idea of the matter.

What does Legal Guardianship in Australia Mean?

Simply put, legal guardianship is a formal arrangement giving someone the legal authority to make essential decisions on behalf of someone who lacks the ability to make them themselves.

These decisions can affect children’s education, daily care, overall well-being, and health. Guardianship lawyers Perth will evaluate whether the parents are able to meet their obligations and responsibilities.

The legal guardian will take on the responsibility of providing stability to the child and ensuring they grow in a safe and supportive environment. This is different from formal caregiving since the guardian has the legal authority to act in the best interest of the child.

What Are The Rights of a Legal Guardian in Western Australia?

Ask any guardianship or best estate planning lawyers Perth about the rights, and they will all agree on one single point. The point here is the guardian has the right to make all the necessary decisions affecting different aspects of the ward’s personal matters. Some of the most common of these rights include:

• Social Activities: The legal guardian has the authority to make decisions related to the ward’s social interaction and recreational activities. This will cover almost every aspect of their social life to encourage them towards a path of prosperity.
• Living Arrangements: Another key right of the legal guardian is to decide where the ward will live. This could mean the ward stays with them in their homes or has to move to a new residential facility.
• Legal Matters: The guardian has the authority to decide every aspect of legal matters related to the ward in question. This covers every legal matter affecting the ward, even when the matter is about the family and estate lawyers Perth.
• Decisions Related to Medical Treatments: The ward has a very important right to make decisions about its medical treatments. This will cover every decision, from medication to physical therapy and everything in between.
• Consenting to Emergency Treatments: Even when the ward needs emergency treatment, the guardian must provide consent. If there are any issues, the ward might not get access to the necessary treatment.

What Are the Responsibilities of a Legal Guardian in Western Australia?

Apart from the rights of a legal guardian in Australia, there are also many responsibilities that they need to take care of. So, let’s not waste further time and get straight into these responsibilities:

• Making Informed Decisions: One of the most important responsibilities of a legal guardian is to make informed decisions. This means gathering all the necessary and relevant information while considering the ward’s wishes.
• Always Act in Good Faith: One thing that you cannot overlook on this front is acting in good faith, which is one of the most important responsibilities. This does not need much from the guardian; it is just a commitment that they will be honest and ethical about the ward’s welfare.
• Maintaining Proper Records: One of the most important responsibilities of the guardian, as per a lawyer for guardianship, is to ensure accountability. One simple way to do this is by maintaining all the necessary records about decisions made on the ward’s behalf.
• Avoiding Conflict of Interest: Conflict of interest is the last thing you want as a guardian of the ward. This makes it very important for you to avoid any such situations where your interests are in conflict with the ward’s interest and welfare.
• Financial Responsibilities: The final yet one of the most important responsibilities here is to take care of all the financial needs of the ward. This means you need to take things a step further and ensure everything you spend on the ward is for their welfare. You must also maintain a record of this spending just in case you need it at an estate planning law firm.

Conclusion

Things can get quite complicated when it comes to taking up the responsibility of being a legal guardian to someone. This makes it important that you are well aware of all your rights and responsibilities to get things right. In case you have any issues, it is always best to consult guardianship lawyers in Perth, WA and get things in order.