Legal powers for carers

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 you are caring for a child

You can have different responsibilities depending on whether the child you are caring for is yours or not:

• If you are a parent caring for your child – you are legally responsible for their care and welfare until they are 18 years old
• If you’re an adult caring for a child who is not your own (for example, a grandchild) – a Children’s Court may let you make decisions about their care and welfare through a custody order, guardianship order, or permanent care order

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 you are caring for an adult

You can have different responsibilities depending on what sort of help the person you are caring for needs:

• If you are caring for an adult (over 18) who needs help with finances, legal matters or property management – you may be able to get a power of attorney to act for them
• If you’re caring for an adult (over 18) who can’t make their own decisions about health care or living arrangements – you may be able to be appointed as their guardian