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.
You can also find further information in our: Children and Family Law - Frequently Asked Questions, Children and Family Law, Family Law Property - Frequently Asked Questions, Family Law Property, Child Support, Divorce, Purchasing Property, Selling Property, Subdivisions, Business Sales and Acquisition, Building And Planning, Small Business, Debt Recovery, Leases and Agreements, Power of Attorney, Wills and Estates Planning, Probate and Guardianship sections.
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