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For carers and family

Legal support for carers and family

Some carers feel they’re unable to make decisions about the personal affairs of the person they’re caring for. Ordinarily, if this happens, family and friends can help informally, by making decisions with you. But some decisions can only be made by someone with the legal authority to do so. In each state, there are laws that say who has the legal authority to consent on a person’s behalf if they’re no longer able to do so.

As a carer you may need legal support to carry out some of the things the person you’re caring for will need you to do. There are several ways you can get the legal support you require, including getting a power of attorney and applying for guardianship or administration rights.

Power of attorney and enduring power of attorney

A power of attorney is a legal document that gives you the right to act on behalf of the person who wants you to look after their affairs. It may be general, or specific to the medical or financial affairs of the person.

Read more: Power of attorney

Guardianship and administration rights

If the person you care for is unable to make a power of attorney, you may need to apply for guardianship or administration rights.

Read more: Guardianship and administration rights
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This page was last updated on: 03 August 2006