Disability and the Law

CLCNSW 2010 State Conference Disability and the law – Guardianship and Financial Management Ben Fogarty Acting Director of Pro Bono 5 May2010

NSW CLCs State conference talk 5 May 2010.pptx | Title | March 2010page | 3 Purpose To let CLC solicitors know: –a bit about guardianship and financial management –what resources are available –that Guardianship Tribunal work is not rocket science, is rewarding and needs more CLC solicitors! Liability limited by a scheme approved under Professional Standards legislation

A bit about guardianship and financial management law My experience Some people need some support for some decisions sometimes Legal capacity as a sliding scale Holistic assessment, not just ‘medical’ Formal orders –vs- informal arrangements Other mechanisms – PofAs, advance directives, enduring guardianship, etc NSW CLCs State conference talk 5 May 2010.pptx | Title | March 2010page | 4

A bit about guardianship and financial management law (cont’d) Guardianship order: –impaired decision making –totally/partially incapable of managing affairs –in need of a guardian Functions: accommodation, services, work, health care, restrictive practices, etc NSW CLCs State conference talk 5 May 2010.pptx | Title | March 2010page | 5

A bit about guardianship and financial management law (cont’d) Financial management order: –not capable of managing (financial) affairs –in need of a financial manager –in the person’s best interests Functions: income, bills, investments, budget, etc NSW CLCs State conference talk 5 May 2010.pptx | Title | March 2010page | 6

A bit about guardianship and financial management law (cont’d) The Guardianship Tribunal process: –application –investigation –hearing –review of order (not always automatic) Legal representative –vs- separate representative NSW CLCs State conference talk 5 May 2010.pptx | Title | March 2010page | 7

What resources are available Guardianship and administration laws across Australia, 2010 (IDRS website: Capacity Toolkit, 2008 (NSW A-Gs) Papers – e.g. Andrew Taylor’s LSJ article, Representing clients with diminished capacity, Feb 2010 NSW Guardianship Tribunal’s Information Officer and Practice Note Me! NSW CLCs State conference talk 5 May 2010.pptx | Title | March 2010page | 8

Guardianship Tribunal work NEEDS you! Growing area – ageing population – dementia 50% Vulnerable people who need legal representation Non-adversarial and informal Can largely be done on the papers Slow burning A well-structured and supportive jurisdiction NSW CLCs State conference talk 5 May 2010.pptx | Title | March 2010page | 9