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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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My father is elderly and my family and I have gone to the

Customer Question

Hi My father is elderly and my family and I have gone to the public trustee to have them manage his affairs both physically and financially and there is a guardianship order for him. We have a sister who was creating problems for us that interfered with us looking after him, so we went to the public trustee. He currently lives with the problem sister. My father was admitted to hospital a few weeks ago and my sister did not inform us or the guardian of this until after 8 days of him being hospitalised and she made all the decisions regarding his health, care and resusitation orders when she had no legal authority to do so. We have called the trustee who says nothing is going to be done to her except having a chat with her. My father nearly died in that time but luckily the hospital got suspicious and they eventually go it out of her that a guardianship order was in place and that we existed. My family isn't happy with this situation as it took the guardian 4 days to contact us to let us know. Do we have any case here against my sister, the hospital or the guardian as the reason we initially went to the guardian was to stop this from happening. Thanks. regards Elizabeth
Submitted: 6 months ago.
Category: Australia Law
Customer: replied 6 months ago.
I meant to say he lives in NSW and is under the public trustee in that state.
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.You are not the guardian and therefore you have no rights. Because she lives with your father she is the one that has to notify the guardian. The guardian relies on her to notify them of any issues. I would suggest that you notify all local hospitals in the area of your father being under the car of the guardian who that they are aware. There is very little else that you can do. It is not a good situation.

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