Guardianship Orders Applications in Victoria
On 1 March 2020, the Guardianship and Administration Act 2019 came into effect which allows a person to apply to the Victorian Civil and Administrative Tribunal (VCAT) for a Guardianship Order appointing a guardian for a person with a disability who is unable to make their own personal decisions.
Who makes guardianship the application and what person can be subject of a guardianship order?
It is usually a family member, or next of kin, who will need to make an application for guardianship of a person affected by a disability.
It will be necessary for a guardian to be appointed, if the decision-making of a person is affected by a disability
The applicant will need to provide medical evidence that a person is not able to make decisions due to being under a disability. The application will need to include a recent medical report which provides a formal assessment of whether a person can make decisions. The medical evidence may be a Neurological impairment, Brain injury, Dementia/Alzheimer’s Mental Illness/disorder. The assessment will need to show that as a result of disability, a person:
- is not able to understand and remember information that is relevant when they are making a personal decision.
- not able to communicate information or express their views or needs about a personal decision;
Responsibilities of guardians
As a guardian for a represented person, you must:
- protect a person from neglect, abuse or exploitation
- be an advocate and use reasonable skill and care
- encourage and assist the person taking action to make personal decisions
- not share confidential information unless allowed by the guardianship order
Where to now
If you’re considering making an application for guardianship for a person with a disability then we encourage to book an appointment with our office for an initial consultation.
This article was written by Chelsea Jenkins, and published within the category: Articles.
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