Legal matters

Carers may have different legal powers and responsibilities, depending on their role and the person they care for.

The legal powers you may need as a carer can change over time, depending on whether the condition of the person improves or gets worse.

If the person you care for can't manage their own health affairs and living arrangements, a guardian can be legally appointed to make decisions for them.

If the person you care for can’t manage their financial or legal affairs, a power of attorney can be given to someone else to make decisions for them.

As a carer, you may sometimes need legal advice or to take legal steps or action to help the person in your care.

It’s important to know your legal rights as a carer. The rights of Australia’s carers are recognised by national, state and territory laws and policies.

When you use health and support services, you may be asked for personal information about yourself or the person you care for. This information must be handled in a way that protects your privacy.

If the person you care for needs help making decisions – either now or in the future – they might need a guardian or someone with a power of attorney.

Advocacy means that you speak up for someone. You may need to advocate for the person you care for to:

Sometimes you may not be satisfied with how the person you care for is treated by others. You may be unhappy with a service or the person providing the service. If this is the case, you can make a complaint for the person you care for.

As a carer, you have rights in the workplace. It helps to know your rights so you can get the help you need to combine working with caring.