Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Guardianship law in Melbourne, Australia, is designed to protect the interests and rights of individuals who may not be able to make decisions for themselves. This usually includes the elderly, individuals with disabilities, or individuals financially incapable. The appointed guardian then takes on the legal responsibility for all, or specific, decision-making on behalf of the individual, also known as the 'ward.'
In situations where it's necessary to appoint a guardian for a loved one, a lawyer can ensure the process follows legal protocols. The process may include preparing documents, representation in court, and advising on rights and obligations. Lawyers are also useful in case there are disputes or issues concerning the guardianship, like suspected abuse or neglect.
According to the Guardianship and Administration Act 2019 (VIC), the Victorian Civil and Administrative Tribunal (VCAT) is empowered to appoint a guardian or administrator if they find it necessary for the care and protection of an individual. The guardian should always act in the best interest of the ward, taking into consideration their wishes and autonomy. There are distinct rules about who may be qualified to be a guardian, and all decisions are subject to VCAT’s review.
The role of a guardian usually involves making decisions relevant to the ward's personal or lifestyle matters such as health care, residential issues, and day-to-day life activities. It does not usually include financial or legal affairs.
Any individual over the age of 18 can be appointed as a guardian, provided they are considered 'fit and proper' by the VCAT. This typically includes close family members. If no suitable person is available, the Public Advocate may be appointed.
In Victoria, a Guardianship order usually lasts up to a year, but can be extended, altered or revoked after a reassessment of the ward’s capacity.
A guardian who acts in good faith and in the best interests of the ward is typically not held personally liable for any harm or loss their decisions cause. However, exceptions exist in cases of negligent or reckless conduct.
Generally, a Guardian doesn't get paid for executing their duties. However, they may be reimbursed for reasonable expenses incurred during the execution of their duties.
For additional support, check with the Office of the Public Advocate in Victoria. They provide guidance and resources about guardianship on their website. The Victorian Civil and Administrative Tribunal (VCAT) also provides helpful information and assists with the application process.
If you believe a loved one requires a legal guardian, firstly share your concerns with other family members and seek professional advice. If you decide to proceed, contacting a Melbourne family lawyer or guardianship specialist is usually your first step in this process. They can guide you through the guardianship application process, help to prepare documents and represent you if needed.
