I have a guardian who has moved me too another service becausw i am unsafe with my previous service provider. But i was

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Customer: Hi i have a guardian who has moved me too another service becausw i am unsafe with my previous service provider. But i was safe and she has gone against me for making 1 mistake by going too my parents but that happened on the 2nd November and we didnt get it until 6th of november. Jenny (the support provider was following her previous directions by letting me go too my parents as long i have support. But Di (the guardianship) has attacked us by putting me into another service. Without discussing it with me or wasnt even going too tell me.
Answered by John Melis in 24 mins 1 year ago
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patients here has been so important. If I understand you correctly I suggest the following:

You can resolve the issue by applying to the Enduring Guardianship Division of the State Tribunal.

You may apply to be the guardian or changes to the current circumstance concerning the person with the power.

The guardian protects the person's needs and interests by making personal and health care decisions on their behalf when they have impaired decision-making capacity.

The tribunal has the power to appoint or remove a guardian.

The guardian's authority may include making 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 permission 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 an attorney for financial affairs under an enduring power of attorney;

* particular health care matters including sterilisation or tissue donation;

* particular personal issues, 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.

The tribunal process is perfect for meditating disputes, as it brings the parties together to discuss the issues.

In most cases, the matter settles at mediation.

In the proceedings, you are the Applicant and the other party the Respondent.

You apply online with the tribunal.

When you explain the situation in the application form, type out the points in a numbered order, detailing the history.

The tribunal website has excellent resources to assist you.

If needed, you may reach out to legal aid or your local lawyer.

I know it isn't easy to deal with issues like this, but you're handling it so well.

I can hear your concern and your voice, and if you follow the steps I've suggested above, it will give you a direction to go.

I know you have a lot of choices, and there are various ways to move forward.

If there is anything else, big or small, that I can help you with today, please let me know?

I am so glad you contacted us, and I thank you for reaching out today.

Don't forget to accept the answer and click five stars in support of the community.

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