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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44889
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Please bear with me I an a slow typer, My husband is in a

Customer Question

Please bear with me I an a slow typer
JA: What state are you in? It matters because laws vary by location.
Customer: My husband is in a secure mental health unite and wants to get him self out. I am his primary Carer. He wants to nominate a second carer to help him get discharged from the hospital. Cant that second carer do that with out my ok
JA: Has anything been filed or reported?
Customer: do you mean in regards ***** ***** getting out
JA: Anything else you want the lawyer to know before I connect you?
Customer: no what I have asked is the main issue I wish to discuss
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 9 months ago.

Good Evening.

If he has been committed by his doctors no carer can get him out.

When you say carer I will assume you have guardianship over him. If he is mentally incapacitated he cannot appoint anyone as he does not have the capacity.

If another person wants to be appointed and he cannot appoint them, they can apply for guardianship from the Tribunal.

But to be released it all depends on who has committed him into the institution.

I hope this makes sense and is of assistance. if there is nothing further Happy New Year.

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