to view Ben Fogarty`s presentation

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

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 NSW CLCs State conference talk 5 May 2010.pptx | Title | March 2010

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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 2010

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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 2010

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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 2010

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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 2010

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What resources are available

• Guardianship and administration laws across Australia, 2010 (IDRS website: www.idrs.org.au) • 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 2010

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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 2010

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