Guardianship+Act+1987+(NSW)

=__Guardianship Act 1987 (NSW)__=

The //Guardianship Act 1987 (NSW)// controls the legal requirements for guardianship in NSW, Australia. The act itself set's out the type of guardianship orders which can be made, the principles to be applied in determining a guardianship order, and also the limits of the Guardianship Tribunal.

As some mentally ill and intellectually disabled people lack full legal capacity (the power, ability or competence of a person to make decisions regarding themselves), in some circumstances, the legal system will provide them with treatment, control and care, due to the fact that they are unable to provide themselves with these. For the mentally ill and intellectually disabled people, this treatment, control and care with which they are provided by the legal system, may consist of or involve involuntary detention in an institution, involuntary treatment within the community, or else the apointment of a legal guardian to control their affairs. A guardianship order, if presented, will limit a mentally handicapped person's legal rights and capacities of the particular individual. A guardianship order is made by the Tribunal under the //Guardianship Act 1987 (NSW)// (which may be viewed at http://www.austlii.edu.au/au/legis/nsw/consol_act/ga1987136/), and consists of:
 * the name of the appointed guardian
 * the decision making functions given to the guardian - these will usually be limited to decisions about matters such as where the person will live, what services they will receive or decisions about their health care and medical/dental treatment
 * any conditions that the guardian must observe
 * any recommendations which the Tribunal makes
 * how long a period of time that the order will last for
 * if the order is a non-reviewable one