As explained in Chapter 16*6 Guardianship and Administration, when an adult becomes unable to make reasonable judgments because of a disability, the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT) has powers to select and appoint guardians and administrators if there is a need to do so. (See also: "Capacity and consent" in Chapter 16*1 Disability Overview.)
Generally speaking, the existence of an enduring power of attorney means that such a need will not exist, and the cost and inconvenience of first, an application and a hearing, and then ongoing involvement with periodic reviews and fees, can be avoided.
It is, therefore, prudent to consider some or all of the enduring powers described in this section, in case of any sudden or gradual onset of a disabling condition.
Note: The general power of attorney is included here only for the purposes of comparison with the other powers; it is not relevant to the area of disability and guardianship, as it lapses when the donor becomes incapable of making reasonable decisions.
The appropriate forms can usually be obtained from newsagents and stationers, or the Office of the Public Advocate (OPA). They can also be downloaded from the OPA website at www.publicadvocate.vic.gov.au. Assistance may be obtained from a solicitor, especially where you are uncertain about whom to appoint or if you have complicated personal or financial affairs, but it is not normally necessary to obtain expert advice.
INTRODUCTION :: Last updated: Thu Jul 1st 2010

Prev
Next
Printable Version