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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have friends who are an elderly couple who are terrified

Customer Question

I have friends who are an elderly couple who are terrified that they are going to be subject to a State Guardian being appointed. They want to live in their own home with me. They want to adopt me so that I can be involved in decisions regarding their care.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Can they adopt me?
JA: Is there anything else the Lawyer should be aware of?
Customer: They had a son but have been estranged from him for over 20 years.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.They cannot adopt you but if they are of sound mind they can appoint you as their guardian. Also they can prepare a will and leave their estate to you. If they want to give the house to you now they have to speak to centreline because it is a disposal of an asset and they will lose the pension. Centrelink can advise them on their options and how they can do this without having to lose the pension and having a right to live in the house. I hope this makes sense and is of assistance.
Customer: replied 6 months ago.
NOT SATISFACTORY! Dip Law is not acceptable and you do not even know how to spell ADVICE. I AM NOT INTERESTED IN THEIR HOUSE OR THEIR ESTATE. THIS IS PREPOSTEROUS. HOW COULD YOU EVEN MAKE SUCH COMMENTS.
You have completely ignored the concern about a State Guardian being appointed.OBVIOUSLY, you are NOT an expert!
Expert:  Leon replied 6 months ago.
I meant no offence but it appeared that the question of adoption would go to inheritance and to protect their assets. The transfer the the property does not have to take place but if they want to avoid the public guardian they can appoint you as guardian and power of attorney provided they are of sound mind. The public Guardian cannot then get involved. You do not have to be related to be appointed as Guardian or Power of attorney. In relation to my qualifications, I am not prepared to entertain a discussion. All I can say is I am qualified in Both Australia and the UK and have been in practice of the 24 years. Again I ams sorry if I have offended you in any way but that was not my intention.If it is simply to avoid the Public Guardian they can appoint you now through their Solicitor and you will be able to look after their affairs. But they have to be of sound mind. I hope this is clearer?