Guardianship Review Forum

This consultation has concluded.

Welcome to the guardianship review forum, where we ask you to tell us what you think about the proposals in our consultation paper on the review of the Guardianship and Administration Act 1986.

The Victorian Law Reform Commission was asked by the Attorney-General to review Victoria's guardianship laws to ensure they reflect modern standards and a changing population. The review aims to make sure that Victorian guardianship laws respond to the current and future needs of people with impaired decision-making capacity and promotes their rights. You can find out more about the project in the frequently asked questions section on the right.

The Commission has developed a consultation paper that describes a range of proposed reforms to these laws. There is also a summary and an Easy English version of the paper. All the documents are available in the library in the panel on the right-hand side of this page.

Please feel free to comment on any or all of the case studies below, they provide some examples of some our suggestions for:

  • new supported decision-making arrangements
  • new principles to guide decision makers
  • enabling VCAT to make appointments before a decision needs to made
  • consenting to psychiatric treatment
  • consenting to admission to residential facilities
  • documenting wishes about your future.

In responding to the case studies below please be careful if you are describing situations that you or someone you know may be facing. Do not include any personal or identifying information about the people involved. Your comments may be moderated so that they do not do this.

To comment, just click on the heading or the comment bubble next to the heading. Then click on add your comment.

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Forum

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Would an arrangement like supported decision making be helpful?

Comments
9

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Ricky is 24 years old and has an acquired brain injury. He lives and works independently, but struggles to manage his money by himself. He finds it difficult to understand money matters, especially when they are explained to him by bank staff or financial advisers, and, in most situations, he is unsure about what information to ask for anyway.

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by VLRC Admin 11 Apr 2011, 3:47pm | 1015 views

Is co-decision making a good idea?

Comments
4

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Jenny has bipolar disorder and lives with her sister Sophie. Jenny is able to make her own decisions most of the time, but needs more support when she is unwell. When she is unwell she can become reckless, particularly when spending money. Jenny likes to go to the pokies.  When she is well, she spends money on the pokies moderately but when she is unwell, typically, she loses quite a bit of money.

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by VLRC Admin 12 Apr 2011, 1:31pm | 543 views

Documenting wishes about your future

Comments
3

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Rahul is 91 and has relatively advanced Alzheimer's disease. He was diagnosed early and prepared for future lifestyle decisions by appointing his daughter Maya as his enduring guardian. In the document, Rahul made it plain that he wanted to remain at home, and under no circumstances would he want to end up in a nursing home.

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by VLRC Admin 12 Apr 2011, 2:38pm | 498 views

Who should be able to consent to admission to nursing homes?

Comments
5

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Ariella is 87 and has dementia. She is widowed and now lives with her eldest daughter Lena. Recently, Ariella's condition has progressed and she is now unable to care for herself. She is at times very distressed and aggressive towards people who are trying to help her and is no longer able to recognise her family. Lena thinks that the best thing would be for Ariella to go to an aged care home where staff can provide full-time nursing care.

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by VLRC Admin 12 Apr 2011, 2:30pm | 1266 views

Should guardians be able to consent to psychiatric treatment?

Comments
2

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Mai is a 35-year-old woman who has experienced bipolar disorder since she was about 19 years old. She has had a number of periods of illness over the years, some of which have resulted in involuntary admission to a psychiatric hospital.

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by VLRC Admin 12 Apr 2011, 2:15pm | 400 views

Should VCAT be able to make appointments before there are decisions that a guardian or administrator needs to make?

Comments
0

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Martha has recently turned 18 and has a profound intellectual disability. She lives at home with her parents. She attends a day service, which she enjoys, and the service has a good relationship with her parents who make most decisions for her informally. Martha's parents want to be appointed as her guardian so that they are formally recognised as her decision maker should anyone ever question their role in the future.

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by VLRC Admin 12 Apr 2011, 2:10pm | 433 views

What principles should guide a person when they are making decisions for someone else?

Comments
1

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Barry, who is 47 years old, has recently had a stroke, leaving him with a major brain injury and severely impaired decision-making abilities. Prior to his stroke, Barry was a proudly reckless spender—buying very expensive clothes, going to expensive entertainment, indulging in expensive food and wine—often resulting in little money for bills and no money for savings. Shortly after his stroke, Barry inherited a large sum of money following the death of his parents, and his best mate Steve was appointed as his administrator.

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by VLRC Admin 12 Apr 2011, 1:55pm | 417 views

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