Best Guardianship Lawyers in Geelong

About Guardianship Law in Geelong, Australia

Guardianship law in Geelong, Victoria, concerns the appointment and responsibilities of a person or agency to make decisions for another adult who does not have the capacity to make those decisions themselves. This is usually because of an intellectual disability, mental illness, dementia, or brain injury. Appointment of a guardian is a significant legal process to protect the rights and welfare of vulnerable individuals. Guardianship can involve decision-making about personal matters such as accommodation, health care, and lifestyle, but does not extend to financial or property decisions, which are handled under separate arrangements called administration orders.

Why You May Need a Lawyer

Most people seek legal advice regarding guardianship when a loved one can no longer make decisions for themselves. Some common situations where legal assistance is helpful include:

• Determining if guardianship is necessary for an adult relative or friend
• Applying to the Victorian Civil and Administrative Tribunal (VCAT) for the appointment of a guardian
• Responding to an application when you have been named as a potential guardian or object to someone else being nominated
• Understanding your rights and responsibilities if you have been appointed as a guardian
• Disputes about decisions made by a guardian or concerns regarding the guardian’s conduct
• Seeking to change, review, or end a guardianship order

Guardianship matters often involve complex legal, ethical, and emotional considerations, making legal support invaluable.

Local Laws Overview

Guardianship in Geelong is governed by Victorian state law, particularly the Guardianship and Administration Act 2019. Key aspects include:

• Who can be a guardian: An individual, usually a close relative or friend, or the Public Advocate, can be appointed. The person must be over 18 and willing to take on the responsibilities.
• Decision-making scope: Guardians can only make personal and lifestyle decisions as specified by the VCAT order. They cannot manage the person’s property or finances unless separately authorised.
• Best interests: All decisions must be made in the represented person’s best interests, considering their will and preferences as much as possible.
• Appointment process: Any concerned person can apply to VCAT if they believe someone needs a guardian. VCAT conducts a hearing to determine necessity and suitability.
• Alternatives: Other arrangements, such as Enduring Power of Attorney or Supported Decision-making agreements, may be suitable alternatives. VCAT will only appoint a guardian if there is no less restrictive way of protecting the person’s interests.
• Reviews and changes: Guardianship orders are usually time-limited and are reviewed periodically. Orders may be changed or revoked if circumstances change.

Frequently Asked Questions

What is guardianship?

Guardianship is a legal arrangement where a person or organisation is appointed by a tribunal to make personal and lifestyle decisions for an adult who cannot do so due to disability or incapacity.

Who can apply for a guardianship order?

Any concerned person, such as a family member, friend, or health professional, can apply to VCAT for a guardianship order if they believe someone needs support with personal decisions.

What is the difference between a guardian and an administrator?

A guardian makes personal and lifestyle decisions, such as medical treatment or where someone lives. An administrator manages financial and property affairs. The roles are separate and may be filled by different people.

Can I be made guardian of my elderly parent?

Yes, if your parent lacks decision-making capacity and there is a need for formal support, you can apply to VCAT. If you are determined to be suitable, you may be appointed as their guardian.

How long does the guardianship process take?

The process involves lodging an application, gathering evidence, and attending a VCAT hearing. Timeframes vary, but the process can take several weeks to a few months, depending on circumstances and urgency.

Can a guardianship order be contested?

Yes, interested parties can participate in the VCAT process, present their views, and dispute an application or appointment if they believe it is not in the person’s best interests.

What alternatives exist to guardianship?

Alternatives include appointing an Enduring Power of Attorney while the person still has capacity or using less restrictive informal decision-making support where possible.

What are the responsibilities of a guardian?

Guardians must act in the person's best interests, consider their wishes, keep accurate records, and provide updates to VCAT or the Office of the Public Advocate as required.

Can a guardianship order be changed or ended?

Yes. Guardianship orders can be reviewed by VCAT and changed or revoked if the protected person's circumstances change, or if a less restrictive alternative becomes suitable.

What if there is no suitable family member to be a guardian?

If no one suitable can be found, VCAT may appoint the Public Advocate, an independent statutory body, to act as guardian.

Additional Resources

If you are seeking further information or support regarding guardianship in Geelong, you may find the following organisations helpful:

• Office of the Public Advocate Victoria - Provides advice, advocacy, and can act as guardian when appointed
• Victorian Civil and Administrative Tribunal (VCAT) - Handles applications, hearings, and reviews for guardianship orders
• Victoria Legal Aid - Offers free legal information and assistance on guardianship and other capacity issues
• Barwon Community Legal Service - Provides local legal support, information, and advocacy in Geelong

Next Steps

If you believe a guardianship order is needed or you have concerns about an existing arrangement, consider the following steps:

• Speak with a local legal service or qualified solicitor specialising in guardianship matters
• Gather relevant documents including medical reports and information about the person’s capacity and needs
• Consider whether there are less restrictive alternatives to guardianship
• Contact the Office of the Public Advocate or your local Community Legal Centre for guidance
• If proceeding with a guardianship application, prepare your application for VCAT and be ready to attend a hearing

Remember, guardianship is a serious legal responsibility. Professional legal advice can help ensure the best interests of the vulnerable person are protected and the process is followed correctly.