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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 am a 49 year old man with Parkinsons Disease. Parkinsons

Customer Question

I am a 49 year old man with Parkinsons Disease. Parkinsons Disease medications can sometimes cause delusional behavior and/or mental illness. A number of medical professionals I have consulted have suggested the link between my medications and mental illness, but none have ever officially told me that I have been diagnosed with a mental illness. I believe I am of sound mental health.
Is it legal for a person to be diagnosed with a mental illness without telling them?
Is it legal for a person to have someone else installed as their legal guardian without telling them?
I have some suspicion that one or more former partners may have lodged some kind of abuse claim about me but I haven't been told about it. It seems possible to me that to keep me in the dark some person or persons have been installed to represent my legal and or personal interests without my permission. Would that be legal? How could I find out if it were true? I feel I am in some kind of legal limbo, and the police seem to refuse to acknowledge me. Any advise would be most appreciated.
Thank you>
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My 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 advise but a guide to assist you

Are you asking if you have a case for not being told about side effects to make an informed decision?

Do you have a Dr. that is prepared to back you up about the side effects and that it was common knowledge to the medical profession and that your doctor that prescribed them failed in their duty of care?

Customer: replied 1 year ago.
Hi Leon, thank you for your quick response.
In answer to your questions:
No, I was told about the side effects (eventually), and am not pursuing that aspect of law with you. I provided the information about Parkinsons and medication for context.
My concern is that some person or persons have taken steps to remove my rights to represent my own legal and medical interests, and assumed some sort of legal guardianship over me without telling me. Is this possible? (They could possibly be using the line of argument that I am mentally ill due to my Parkinsons and incapable of representing my own interests). I have never fronted any kind of mental health tribunal or similar, and have never been told I have been diagnosed with a mental health disorder.
Thanks for your time and assistance
Expert:  Leon replied 1 year ago.

Good Afternoon

So they have applied to obtain guardianship through the tribunal.

It is possible but would need medical evidence that you were not capable to managing your affairs and you had to be notified.

Do you have copies of the orders and the application?