Guardianship and Administration
We can support you in guardianship and related matters.
As lawyers who care about your family, we can also assist families where someone is suffering a disability by guiding you through the guardianship and administration process.
WHAT IS A GUARDIAN/ADMINISTRATOR?
When someone with a disability is not able to make certain decisions themselves, a guardian or administrator can be appointed to make those decisions for them.
The decisions that a guardian/administrator can make include:
- Where they will live and with whom;
- Whether or not they receive medical treatment;
- Who they interact with (including protecting them from interacting people Who pose a risk to their emotional, physical or financial well-being); and
- Financial and property decisions
Guardianship and Administration Disputes
Disputes arise when there is disagreement about whether or not the person requires a guardian/attorney and who the most appropriate person to carry out those duties would be. Those disputes are determined by VCAT, with the represented person and any other interested parties eligible to have representation in those proceedings.
As your lawyer, we can help you consider your options if such a dispute was to arise regarding you or someone you care about, including:
- Applying to have a guardian or administrator appointed;
- Seeking to revoke, vary or suspend the appointment of a guardian, an administrator or a medical treatment decision maker;
- Taking action to protect either yourself or someone you care about from financial abuse or the gross mismanagement of their financial affairs; and
- Urgent applications to protect either yourself or someone you care about in emergency situations including the financial, physical and/or psychological abuse by a family member, friend, career or someone else you or may be dependent on.