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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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My husband Andi applied for guardianship of our adopted

Customer Question

My husband Andi applied for guardianship of our adopted Downes son who was 3 months when we did this he is now 40 but we were told we were already classed as his legal guardians but where he lives in care now dispute this fact what can I do as my husband just passed away 2weeks ago I live I west waustralia Please help Me !!!Margaret Mackenzie we already have our eldest daughter ad Adam's Finacial Administrator
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Unfortunately, as the original application was dismissed on the basis you were already his guardians, just by virtue of being his parents, this status would normally expire upon your child reaching 18 years of age. As your child is now an adult you can only remain his legal guardian if apply to be appointed, or if he is legally competent to do so, by being appointed by your son. To apply to be appointed, if your son is not legally competent to do so, you need to apply to the State Administrative Tribunal, much as your husband did previously, and you can read about this process here:

Depending on your age, it may also be prudent for one of his siblings to also be appointed as an alternate or as a joint guardian.

The SAT process has only a notional cost and unless opposed is unlikely to be a difficult one.

I trust the above assists.

Good luck and please rate my answer.