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Under Victorian law, a person with a disability can have another person (a “guardian”) appointed to make decisions for them when they are unable to act on their own behalf.

Guardianship can be established by way of Enduring Power of Guardianship or by an Order of the Victorian Civil and Administrative Tribunal.

The role of the guardian is to make decisions on behalf of the represented person in relation to such issues as where they live and who can have access to them.  The scope of the role largely depends upon the terms of the Enduring Power of Guardianship or the VCAT Order. The guardians decisions have the same legal force as if the person had made them themselves.  Usually, a persons’ next of kin is the ideal person to be appointed their guardian.

In circumstances where no suitable guardian can be found, often the Office of the Public Advocate is appointed as an independent statutory guardian.

If you have any queries or would like to discuss any aspect of Guardianship, do not hesitate to contact us today on (03) 59757611 to speak with one of our experienced lawyers or Enquire Online.

You can also find further information in our: Power of Attorney, Wills and Estates Planning, Probate and our Articles sections.