Guardianship and Administration
Assessing your Capacity
Life doesn’t always go to plan. Whether it’s a tragic accident or unexpected illness, we may become permanently or temporarily unable to make decisions for ourselves.
At Nicholas James Lawyers, our Wills & Estate Lawyers understand that issues surrounding Powers of Attorney are important at any stage of adult life and as you age, legal Guardianship and Administration become more important considerations.
Planning for the future can give you peace of mind, so it is a good idea to understand more about the law in this area. Our expert Wills & Estate Lawyers can advise on all matters related to Guardianship and Administration.
While a Power of Attorney lets your lawyer manage your finances or property, it cannot authorise someone else to make personal or lifestyle decisions for you.
Guardianship empowers a person or organisation to make personal decisions on behalf of another individual who is unable to do so due to disability. Administration empowers a person or organisation to make legal and financial decisions on behalf of another individual who is unable to do so due to a disability.
The Guardianship and Administration Act 2019 is relevant for people who are unable, due to lack of capacity, to execute Enduring Power of Attorney or Appointment of Medical Treatment Decision Maker documents, and allows Victorian Civil Administrative Tribunal (VCAT), to appoint an Administrator (for financial and legal decisions) and a Guardian (for medical treatment and related decisions).
Our Wills & Estates team are highly experienced and can assist you with ensuring the focus remains on the rights and dignity of the represented person.
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With a commitment to excellence and client satisfaction, our team is here to guide you through any legal challenge. Contact us today.