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Disabled (NOT a Family Law Matter)

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What are my rights as a disabled person?


I'm currently embroiled a family battle but as no one has told me my rights and what I can do to stay where i am under my mum who is my legal guardian.

What rights do I have and how can I find out.

Carolyn ;)

Moderator Note - This is NOT a Family Law matter

Subsequently we learn that Carolyn is:

- 33 years old.


- She lives with my mother who cares for her.

- Her mother is currently unwell and unable to care for her.

From a legal point of view your rights come from "The Family Law Act 1975" Section 60CC (3)(a)

This says that a court must consider - any views expressed by the child…

You can also ring up legal aid and ask them for more information or you can ring the family court. They have an advice line 1300 352 000

There is also a Family Relationships Advice Line 1800 050 321

More importantly your parents should be listening to you. If they are not is there someone that can speak to them for you that they will listen to. A grandparent, trusted friend or relative. If not how about a teacher, principal or school counseller. If you don't have any of these the family relationships advice line might be able to get someone to speak to your parents.

It is unfortunate that you are going through this but you should know that if it goes to family counselling or has to go to court people will definately want to know what you think about it all. You will not be ignored and you have rights. If it does go to court you might be given a childrens lawyer to look after you and make sure people listen to you.

I hope this helps. Let us know if you need anything else.

"When there is no enemy within, the enemies outside can not hurt you"
Hi thanks.

I am an disabled adult 33 years old and living at home but the problem coms with my anxiety.

It's big problem because i could stop breathing if i am stressed enough.

Thanks for help guys. At least i know where to start.
Hi carolyn 2

Who are the people who are saying you have to leave and what are their reasons ?

Why do they want you to move ?

my mum and her hubby its only because my mum can no longer look after me
because she is ill
Do you want to stay at your mums home or are you looking for help in finding a place to go to ??

well i kind of need to stay as long as i can to make sure that she is alright
but my mum has parkinsons disease and io have a stack of medical conditions I go into anaphilaxis quickly
that are serious when i react
It would be very scary for your mum to think that she could not help you if anything went wrong, are you independent enough that you could move into a care home but still visit her regularly ??

Parkinsons can get to the stage where she may not be able to give you an injection and that makes it dangerous for you too.

Her hubby can look after her and you can visit regularly and phone often to make sure she's OK.

Do you need a lot of supervision ???
my mum is the one with parkinson diease
i have an advanced care directive that has my wishes that i need to be as close to mum as posible
i do not need injections i dont have diabeties
my medical care is such that
if i panic i stop breathing
if i have have anything with msg i stop breathing
pesto and sesamee seeds are the same
penicillin and all medications relating to it  
i have a medic alert
i am allergic to IRON in food thats what the domestic was about

My concern was aimed towards that you may need a shot if you go into Anaphylaxis shock to reduce constriction in your throat that may have to be administered by another person and if this was left up to your mum it would be difficult. Some people need this shot straight away.

I have a relation who was not able to be cared for by family members due to many factors, he is older than you, it ended with him becoming a " ward of the state " which basically means he receives the necessary support he needs through a variety of government bodies and they help him find accommodation, help with finances and he has done a course that helps him look after himself, a counsellor regularly checks in with him as well as a few other areas of support.

If you want to know if there is a way you can stay against your mothers wishes the I would say no, you may want to inquire if there is mediation you can both go to to help with the dispute but if she can no longer cope you may need to look at other arrangements.

yep the only thing that works when i do go into anapphilaxis is morphine by then id be in the hospitial
but i have in dicated that i need to be close to medical care (my doctor ) and my mother is looking at alternatives
but not for a few years yet
she just wanted a domestic
i think
but at aleast i have a starting point
Good luck with it all Carolyn2 it's never nice to go through these things, I hope things calm down quickly and you do not have a need to follow up on things.

All best D4E
i think it will die down
You could try to contact disability services in your state (part of communities or families department?).

They can help you find accommodation, which would be subsidised and part of housing commission accommodation. This may take the stress off mum, if her parkinson's is worsening and you need somewhere else to live.

Good luck. I hope you and your mum can sort it out.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
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