Whilst you think of guardianship in relation to infant children, there is the ability to appoint a family member or close and trusted friend as your guardian.  The guardian will be able to make decisions about your day to day living when you are no longer able to make such decisions yourself.  For instance, they may decide that you should be transferred into nursing home care if it is found that you are no longer capable of looking after yourself.

If a person loses legal capacity and has not appointed a guardian it is possible to apply to the Victorian Civil and Administrative Tribunal for a guardianship order.  The criteria for the appointment of a guardian are:

• the person has a disability
• the disability prevents that person from making reasonable judgments about any aspect of his daily life
• there is a need for the guardian to be appointed.

We can assist you in preparing an appointment of enduring guardianship or in an application for a guardianship order.

Our contacts:
Trevor Kuhle Solicitor