Guardianship, Administration and Enduring Powers of Attorney

Guardianship, Administration and Enduring Powers of Attorney Bench Book

The Guardianship, Administration and Enduring Powers of Attorney is intended to help you understand the changes to the law relating to guardianship and administration, which occurred on 1 March 2020.

The Guide explains the operation of the Act and incorporates relevant principles and discussion, including coverage of:

  • The principles that VCAT members and decision-makers must consider in their roles, including both general principles and decision-making principles
  • The Act’s new approach to capacity that harmonises with capacity definitions in similar Victorian legislation
  • Notice requirements for hearing and the new tests for granting orders
  • The new supportive guardians and supportive administrators regime 
  • The new compensation process and offences by decision-makers
  • Document
    LAW

    Fact sheet: Guardianship and Administration Act (Vic)

    This factsheet provides an overview of the key differences between the 1986 and 2019 Guardianship and Administration Acts. The 2019 Act commenced on 1 March 2020 and repealed the 1986 Act. Save for transitional situations, all guardianship and administration matters should be conducted according to the 2019 Act.
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  • Document
    LAW

    Case note: HYY [2022] VCAT 97

    This case note discusses a decision which provides advice on how and when a guardian can obtain authorisation for physical restraint to facilitate medical treatment.
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