I have a 21 year old friend. His mother has guardianship, his centrelink goes into her bank not his, she controlls every

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Customer: I have a 21 year old friend. His mother has guardianship, his centrelink goes into her bank not his, she controlls every aspect of his life. He is not allowed out without her. He has a diagnosis of Autism spectrum disorder. He wants to cancel the guardianship. What can he do please
JA: What state are you in? Guardianship law varies by location.
Customer: Queensland.
JA: Do the biological parents consent to the guardianship?
Customer: He was adopted, and it is his adoptive mother that holds guardiansjip
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think thats all thankyou
Answered by John Melis in 1 hour 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Would you like to consider a restraining order?

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John Melis, Expert

I kindly request that you please clarify your question?

Customer
His mother has guardianship over him. She controlls his income, and he cannot leave the house without here. What can he do to revoke the guardianship
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John Melis, Expert

What you can do is apply to the Enduring Guardianship Division of QCAT (Tribunal).

You will be able to assist your neighbour on the grant of a power or enduring guardianship order.

A guardian is a person QCAT appoints to help an adult with impaired decision making capacity. The guardian ensures the adult’s needs are met and interests are protected by making certain personal and health care decisions on their behalf.

Generally, guardians can be given the authority to make decisions for the adult such as:

  • where they live
  • what support services they receive
  • with whom they have contact or visits
  • general health care matters
  • the approval of containment and seclusion in certain limited circumstances
  • the approval of chemical, physical or mechanical restraint
  • restricting access to objects
  • other day-to-day issues.

Guardians are not permitted to make decisions about:

  • financial or property matters unless they have also been appointed as the adult's administrator or as attorney for financial matters under an enduring power of attorney
  • special health care matters including sterilisation or tissue donation
  • special personal matters including making or revoking a will, consenting to marriage or relinquishing a child for adoption.

If an adult can communicate their views and wishes, guardians should take these into account when making any decisions.

Duties of a guardian can be viewed from the following link:

https://www.qcat.qld.gov.au/matter-types/guardianship-for-adults-matters/guardian-duties

The QCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Guardianship List.

You will be the applicant and the other owner the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.qcat.qld.gov.au/matter-types/guardianship-for-adults-matters/application-process

Would you like to consider this option.

Does this help with your question today?

Customer
without her
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John Melis, Expert

I kindly request that you please scroll up. I have posted a reply for you that explains your options, if you cannot see the response, I request that you refresh your screen, and where it does not show please let me know and I will repost it for you. I am here to assist you when you need.

Please tell me if I've answered your question today with the posts that have been raised above

Customer
To the person who asked me to clarify my question. There is no post from you explaining.
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John Melis, Expert

What you can do is apply to the Enduring Guardianship Division of QCAT (Tribunal).

You will be able to assist your neighbour on the grant of a power or enduring guardianship order.

A guardian is a person QCAT appoints to help an adult with impaired decision making capacity. The guardian ensures the adult’s needs are met and interests are protected by making certain personal and health care decisions on their behalf.

Generally, guardians can be given the authority to make decisions for the adult such as:

  • where they live
  • what support services they receive
  • with whom they have contact or visits
  • general health care matters
  • the approval of containment and seclusion in certain limited circumstances
  • the approval of chemical, physical or mechanical restraint
  • restricting access to objects
  • other day-to-day issues.

Guardians are not permitted to make decisions about:

  • financial or property matters unless they have also been appointed as the adult's administrator or as attorney for financial matters under an enduring power of attorney
  • special health care matters including sterilisation or tissue donation
  • special personal matters including making or revoking a will, consenting to marriage or relinquishing a child for adoption.

If an adult can communicate their views and wishes, guardians should take these into account when making any decisions.

Duties of a guardian can be viewed from the following link:

https://www.qcat.qld.gov.au/matter-types/guardianship-for-adults-matters/guardian-duties

The QCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Guardianship List.

You will be the applicant and the other owner the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.qcat.qld.gov.au/matter-types/guardianship-for-adults-matters/application-process

Would you like to consider this option.

Does this help with your question today?

Customer
Hello John, how can a restraining order be effective , he lives in her house. Also how does a restraining order revoke guardianship.
Customer
John she is his adoptive mother, adoptive father deceased.
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John Melis, Expert

There are two points here one is protection to is applying for a change and enduring guardianship control. The restraining order to protect the people in the house. The change of the enduring guardianship order will change who is responsible for the person this is the most powerful steps that you can take which is done through the Queensland civil administrative tribunal enduring guardianship division.

Was able to answer your question today?

Customer
They live under the same roof. How does a restraining order work in that situation?
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John Melis, Expert

In this particular situation the court will order the parties to follow certain rules in the same premises.

Where the rules are broken, then one of the parties will be punished, with it being placed in a holding cell, remand centre, or some other facility.

Does this help with your question today?

Customer
I am wondering if an assessment of his mental capacity would assist in revoking the guardianship?
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John Melis, Expert

Yes, this will definitely assist in revoking the guardianship order

Well they able to answer your question today

Customer
Ok. Thankyou very much. Now I know how to help
Thankyou John
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John Melis, Expert

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Thankyou. Very clear. Much gratitude
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