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ARTICLE · 11 SEPTEMBER 2019

New guardianship and administration legislation in Victoria

Article discusses the new laws, the reason for those new laws, their impact and what you should do.

AustraliaWealth Management
Elizabeth Flatley
Elizabeth Flatley
Maryanne Pollifrone
Maryanne Pollifrone

In brief - Changes impact meaning and assessment of decision-making capacity, and the appointment of a guardian or administrator

The Guardianship and Administration Act 2019 (new Act) has recently passed the Victorian state parliament. Below is an outline of the new Act and key changes.

Why new legislation?

The new Act aims to better protect the right of adults with a disability whose decision-making capacity might be impaired, to make and participate in decisions that affect their lives.

The new Act expressly states that its provisions and the powers, functions and duties that it creates are to be interpreted in a way to be least restrictive of the represented person's ability to make decisions.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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