When an adult becomes unable to make reasonable judgments because of a disability, the Guardianship List of the Victorian Civil and Administrative A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding. (VCAT) can select and appoint guardians and administrators if necessary. (See ‘The ability to understand and be held responsible by the law for your actions. It also refers to a person’s ability to understand and agree to something, such as to undergo medical treatment. Full legal capacity is reached at 18 years of age, when a child becomes an adult. and consent’ in Chapter 8.1: Understanding disability and the law, and Chapter 8.7: Guardianship and medical treatment.)
Generally, a VCAT appointment is not required if an Written authority given to a person to make decisions on behalf of another person. The authority remains valid even when that person is no longer mentally competent. The power can be restricted to personal or financial matters. See also power of attorney; supportive attorney.A formal, written legal document in which one person gives another person power to make decisions or take actions for them in certain situations. See also enduring power; supportive attorney. already exists. This means that the cost and inconvenience of a VCAT application, a The time and place at which a court or tribunal hears the parties argue their case and makes a decision., and ongoing periodic reviews can be avoided. So, it is a good idea to consider providing for some or all of the enduring powers described in this chapter, in case of any sudden or gradual onset of a disabling condition.
The person who appoints a power of attorney is called the ‘principal’.
Note that the general (non-enduring) power of attorney has not been included here as it’s not relevant to the area of disability and guardianship, as it lapses if the principal loses decision-making capacity.