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The Guardianship Law in Essendon, Australia, allows for the legal appointment of an individual (the guardian) to make important decisions for someone else (the ward). The person in need might be incapable of making decisions themselves due to age, disability, illness, or impairment. Guardianship is designed to protect these individuals, while preserving their autonomy to the maximum degree possible.
You may require a lawyer for a variety of situations in guardianship. These situations include, but are not limited to: objecting to a guardianship, seeking to modify or terminate an existing guardianship, establishing a guardianship for a loved one unable to make decisions for themselves, handling disputes related to a current guardianship, and navigating the complex system of laws and regulations surrounding guardianship.
In Essendon, the Guardianship and Administration Act 1986 sets out the key aspects of guardianship. Important principles include the presumption of competence, the right to equal respect, the facilitation of decision-making, aiming at the least restrictive option and promoting personal and social wellbeing. The Victorian Civil and Administrative Tribunal (VCAT) is the body that hears all matters related to guardianship.
Applications for guardianship can be made at the VCAT in Victoria, Australia.
The timing can vary depending upon the complexity of the case, but it can take anywhere from a few weeks to a few months for a decision to be reached.
Depending upon the order given by VCAT, a guardian may make decisions about personal matters such as health care and accommodation, but not about financial matters. Financial matters are usually looked after by an administrator.
VCAT is responsible for hearing all matters concerning guardianship including appointing, reviewing and cancelling the appointment of a guardian.
A guardian must be over 18 years of age, understand and perform the duties of a guardian and act in the best interest of the person they represent.
For legal advice, you can approach legal organizations such as the Victorian Legal Aid. You can also seek information and advice from the Office of the Public Advocate Australia, which plays a key role in protecting those with disabilities.
If you find yourself in need of a guardianship lawyer, you should research and contact a reputable local attorney with experience in the guardianship field. Make sure to gather all relevant information on the person in question such as medical records and any existing wills or legal documents. Finally, be prepared with any specific questions or concerns you may have to discuss at your initial consultation.
